1-TENNESSEE TOWN & CITY/SEPTEMBER 21, 2009 www.TML1.org

6,250 subscribers www.TML1.org Volume 60, Number 15 September 21, 2009 Statewide building codes will make homes Cities to send out November Class 4 returns safer, more energy-efficient in Tennessee Implementation of business BY JIM PILLOW tax changes delayed until 2010 TDCI Assistant Commissioner Implementation of Public The Department will now begin Fire Prevention Division Chapter 530, which changes the ad- receiving business tax returns and ministration and collection of the payments for taxpayers beginning In an ideal world, a home- business tax from municipalities with the Classification 1 returns that owner would never deal with sub- and counties to the state, has been are due on or before Feb. 28, standard construction. Unfortu- postponed until February 2010. 2010. The Department will be pre- nately, stories of mold, framing Initially, the Tennessee Depart- pared on Jan. 1, 2010, to accept both problems, foundation problems, ment of Revenue planned to assume electronic and paper returns filed by excessive heating and cooling responsibility for administration Classification 1 businesses. costs, ventilation problems, un- and collection of business tax re- What does this mean to munici- safe egress and plumbing prob- turns beginning with the Classifica- palities? lems are all too common in our tion 4 returns due on or before Nov. 1. Classification 4 businesses will state. 30, 2009. However, the Department file returns that are due on or before One of the best remedies for has been unable to complete the Nov. 30, 2009, with municipal substandard construction is the development of the database and clerks /recorders /collection offi- adoption of building codes. That technical tools required for imple- cials. Businesses are to use existing goal is at the heart of legislation mentation within the desired time tax returns provided by the munici- recently signed into law by Gov. frame. As such, the Department has pality. Municipalities are to pro- Phil Bredesen. The Tennessee been forced to postpone the transi- cess the returns in the same manner Department of Commerce and In- tion. See BUSINESS on Page 6 surance (TDCI) oversees building The adoption of building codes is at the heart of recent legislation codes and will play a central role signed into law by Gov. Phil Bredesen. in implementing the Governor’s Worst of recession vision of safer and more-energy- lishing a minimum one- and two- We are committed to estab- efficient homes in Tennessee. family residential code to protect all lishing a limited statewide resi- More than a year ago, TDCI the citizens of Tennessee. The dential building code, not just to has yet to hit cities Commissioner Leslie A. Newman Governor’s Task Force on Energy save Tennessee’s consumers on and her staff began meeting with Efficiency, recognizing that Ten- energy costs, but to make our NLC survey says cities’ financial conditions to worsen representatives of cities, counties, nessee ranks number one in per- homes safer. We believe the new Cities are in the early stages of meeting fiscal needs, while 89 per- insurers, environmentalists, fire capita consumption of residential energy law is a huge step in the registering the effects of the cent expect the same in 2010. This is officials, homebuilders, contrac- energy, recommended a statewide right direction and are very thank nation’s economic downturn, ac- the worst outlook the report has de- tors and others to discuss the residential one- and two-family con- ful to Governor Bredesen for his cording to the National League of tailed in 24 years. Department’s interest in estab- struction code. See CODES on Page 5 Cities (NLC) annual report on fiscal Under state law, most cities are conditions. The report finds that the required to balance their budgets, ability of cities to meet their finan- which means their expenses cannot TDEC fee increases adopted permanently cial needs will only worsen through exceed revenues in a given budget 2010 and beyond. year. According to the report, to the legislature enacted a provision granted TDEC the authority to in- The report, City Fiscal Condi- meet projected budget shortfalls, BY DENISE PAIGE which bypassed the prohibition in- crease fee revenue starting July 1, tions in 2009, reveals that cities face cities are taking a number of steps to TML Government Relations tended to prevent the General As- 2009. Accordingly, on July 1, TDEC significant budget gaps (-2.9 per- cut back expenses or raise revenue. sembly from enacting fees to offset implemented the fee increases under cent) this year, due to the decline of Cities are instituting hiring freezes Following lengthy delibera- state appropriations until July 30, its public necessity rulemaking au- income (-1.3 percent) and sales tax or layoffs (67 percent), canceling tions, both the Water Quality Con- 2012. In other words, the General thority; setting in motion a 165-day (-3.8 percent) collections. These capital infrastructure projects (62 trol Board (WQCB) and the Water Assembly waived this provision so review of the new rules. During this taxes are typically the earliest percent) and cutting services other and Wastewater Operators Certifi- that the costs associated with reduc- required review period, TDEC initi- source of city revenue to decline as than public safety (32 percent). cation Board (WWOCB) perma- tions in state appropriations can be ated the rule-making process and job losses in a community increase Many are decreasing spending on nently adopted fee increases to per- passed on to local governments and held public meetings concerning the and consumer purchases decrease. non-personnel operating expenses. mit annual maintenance fees in the other customers. fee increases across the state. Property taxes, which make up the To raise revenue, according to Environmental Protection Fund and First, the state reduced appro- The DWPC elected to increase bulk of city revenue nationwide, are the report, cities are increasing the cross connection training and certi- priations to the Division of Water permit annual maintenance fees by beginning to slow (1.6 percent fees charged for city services or fication fees for the Fleming Train- Pollution Control (DWPC) by $1.4 approximately 38.4 percent to com- growth) as real property assess- increasing taxes. Four in 10 (42 per- ing Center (FTC), a facility located million. The DWPC is the section of bat the state reduction. During the ments are adjusted to reflect declin- cent) of cities are increasing the in Murfreesboro that offers training, the Tennessee Department of Envi- public comment period, a number of ing housing values. level of fees they charge and 25 certification, and technical assis- ronment and Conservation (TDEC) groups voiced objection to the pro- Because most city tax revenue percent are creating new fees for tance to water and wastewater sys- responsible for the administration of posal, including TML, the Chamber is collected only at a few specific some services. The report indicates tems across the state. the Tennessee Water Quality Con- of Commerce, and the Tennessee points during the year, or over the that 25 percent of cities have in- In the final days of the 2009 trol Act of 1977, which, as one of its Storm Water Association. The course of several years in the case of creased property taxes. legislative session, the General As- duties to monitor and analyze water WQCB, in turn, agreed examine the property tax revenue, there is usu- “The current economic situa- sembly reduced the amount of state quality in the state, issues permits to fee schedule for the next few years ally a time lag of 18 months to tion is wreaking havoc on city bud- dollars allocated to several divi- municipalities. Secondly, the legis- and to re-evaluate it prior to June several years before economic gets,” said NLC President Kathleen sions of the Tennessee Department lature eliminated all state funding to 30, 2012, to determine if the fee shifts have an impact on city fiscal Novak, mayor, Northglenn, Colo. of Environment and Conservation the Fleming Training Center. schedule needs to be continued, conditions. “Although we are beginning to see (TDEC) as part of the plan to bal- In an effort to offset the effects modified, or discontinued. The Report co-author, Michael A. signs of a possible recovery in the ance the state budget. Additionally, of these cuts, the state legislature See TDEC on Page 6 Pagano, professor at the University national economy, city officials will of Illinois at Chicago, cautions: need to be more proactive than ever “Cities face the burden of confront- in terms of monitoring their bud- Broadband Task Force pursues the ing the effects of the downturn for gets, reevaluating budget priorities, years after any recession ends. This and identifying new revenue and means that cities will be navigating savings opportunities.” need for speed across Tennessee the implications of the downturn for Most of the available economic awhile longer, even if the business data points to a slow recovery be- BY VICTORIA SOUTH climate turns around immediately.” ginning sometime in 2010. Housing TML Communications Coordinator In the face of declining revenue is expected to recover slowly with and increasing expenses, city fi- consumer spending remaining at Nearly 2,200 diverse strategies nance officers are pessimistic about low levels. Since these are the for a technically charged America cities’ abilities to meet their finan- maindrivers of property tax and have been signed, sealed and deliv- cial needs. Nine in ten (88 percent) sales tax revenue streams, cities will ered, as state and local govern- say this year will be difficult in See RECESSION on Page 5 ments, businesses, nonprofit groups and other entities across the nation applied for the first round of eco- Knoxville going to the dogs? nomic stimulus funded loans and grants supporting projects to ex- Area aims to be most pet friendly pand broadband access. Administered by the Com- BY VICTORIA SOUTH merce Department’s National Tele- communications and Information Pets are people too in Knoxville Administration (NTIA) and the De- and Knox County, as the two gov- partment of Agriculture’s Rural ernments along with the University Utilities Service (RUS), the $28 bil- of Tennessee, the Knoxville Cham- lion in requests clearly dwarfed the ber, the Knoxville Tourism and total $7.2 billion award amount with Photos by Victoria South Sports Corp., Young-Williams Ani- NTIA’s set at $4.7 billion overall Donita Brown, civil mediator and Broadband Task Force project mal Center, and PetSafe work to and $1.6 billion allotted for this manager, Jerry Kettles, TRA chief economist and Michael Ramage, become the most pet-friendly com- round through the Broadband Op- Connected Tennessee executive director at an Aug. 19 meeting of the munity in America. portunities Program (BTOP). RUS’ state’s Broadband Task Force. With a focus on three major ar- Broadband Initiatives Program eas: expansion of pet activities and (BIP) will administer $2.4 billion economic growth and job creation. tower network by upgrading about events, pet-focused tourism and for this round to facilitate broad- Unserved areas are those in which 80 state-owned communications more pet-friendly park acres and band deployment in primary rural 90 percent of households do not towers in underserved areas to be businesses, the coalition seeks to communities with another $100 have access to 768k or faster broad- utilized by private Internet provid- foster the pet friendly culture as part million to be awarded at a later date. band. ers, providing and expanding com- of the community’s normal daily The goals of the BTOP program Areas are considered to be puter labs and training opportunities life. are to deploy broadband infrastruc- underserved when no more than 50 in libraries throughout Tennessee, “People love their pets,” said ture in unserved and underserved percent have access, no provider ad- and generating promotional initia- Knoxville Mayor Bill Haslam. “And Mayor Bill Haslam is sup- areas in the U.S., expand public vertises 3 Megabit service, or there tives for broadband sustainability. we are supportive of this initiative porting an initiative to make computer center capacity by sup- is less than 40 percent adoption rate. Presenters included Dr. Jerry that increases the number of pet the Knoxville area the most porting schools, libraries, medical Tennessee’s Broadband Task Kettles, division chief for Economic friendly activities and locations in pet friendly community in facilities, public safety agencies and Force convened Aug. 19 for an over- Analysis and Policy, Tennessee our community.” America. those serving vulnerable popula- view of the broadband projects sub- Regulatory Authority (TRA); According to an American Pet at its highest level with 71.4 million tions, and encouraging sustainable mitted by the state as part of a three- Jonathan Rummel, policy advisor Products Association (APPA) 2009- households in the U.S. owning at adoption of broadband service, prong grant application package in- for Secretary of State Tre Hargett; 2010 National Pet Owners least one pet ( 62 percent of the U.S. stimulating broadband demand, cluding: establishing a broadband See BROADBAND on Page 3 Survey, pet ownership is currently See DOGS on Page 5 www.TML1.org 2-TENNESSEE TOWN & CITY/SEPTEMBER 21, 2009 $178,000 in stimulus dollars — in- cludes a year’s worth of operational costs for a two-bus system that will hit hot-spots including Tennessee Tech, Cookeville Regional Medical Center, and “Restaurant Row.” The funding will also cover three drivers and allow buses to run six days a BY TML STAFF REPORTS struction contracts awarded so far have gone to local companies. The week. The Upper Cumberland Re- ASHLAND CITY $1 billion plant near Interstate 75 in source Agency, which has spear- Trinity Marine Products, one of southeastern Tennessee is to have headed the project, is also using an- Cheatham County’s largest em- about 2,000 employees and is ex- other $200,000 in stimulus money to ployers, has announced it will lay pected to create thousands of other purchase the buses, 26-passenger off 327 workers in mid-October. related jobs. CEO Frank Fischer said vehicles with handicap accessibil- The Dallas-based company blames that VW has decided to add about ity. The projected start day for the the layoffs on a downturn in orders 43,000 square feet to the assembly transit system is Jan. 1, 2010. for its barges. The layoffs at the area at the 1.9 million-square-foot The Clarksville Police Department D.A.R.E vehicle took First Place in Ashland City plant will begin on complex where a yet-to-be revealed, DYERSBURG the SUV/Pick-up/Van Category at the D.A.R.E/G.R.E.A.T conference. Oct. 17. mid-size sedan will be the first prod- At the close of the 2008-2009 school uct. Volkswagen has awarded 51.4 year, the Dyersburg High School to identify individuals who had an nating the need for over 150,000 ATHENS percent of the contracts — $267 mil- Class of 2009 boasted one of the interesting story of hardship before gallons of petroleum-based mineral With the spread of illnesses such as lion — to local companies and the largest groups of seniors ever to join the recovery program helped them oil annually,” Paul Allen, NES Vice the H1N1 Virus, many school sys- German automaker has already ex- the “30 Club,” a group of students find a job. The local recovery pro- President of Operations. Soybean tems in East Tennessee are taking ceeded its start-of-production goal who earn a score of at least 30 on gram, put together by Gov. Bredesen oil is biodegradable, non-toxic and extra steps to clear the air when it of awarding at least five percent of their ACT exams. Educators at the and his staff, was announced in May. more fire-resistant than the oil NES comes to germs. Athens City vehicle contracts to minority firms. school learned DHS students earned The initiative has been covered in has been using. The switch was a Schools recently purchased a device average scores that were much state and national print, including a recommendation of the Mayor’s called the Aerofog 300 Generator. higher than both state and national feature in the New York Times. Green Ribbon Committee on Envi- The machine is around the size of a averages. In 2008, DHS students ronmental Sustainability. coffee maker and can fill a 900 earned an average score of 21.1 on MEMPHIS square foot room with a disinfecting their ACT. This year, the number State government employees who NASHVILLE fog. “In about two minutes we can jumped to 22.2, besting a state aver- work in the Memphis area are now Local outsourcing company, sanitize and disinfect an entire age of 20.6 and a national average of able to ride public transit to and from ServiceSource, is close to leasing room,” said Craig Rigell, director of 21.1. In addition, DHS scores also work at no cost under a new agree- 50,000 square feet of space in down- Athens City Schools. The machines beat state and national scores in each ment reached between the Memphis town Nashville, a deal that would cost around $500 and the concen- ACT subgroup, including English, Area Transit Authority and the Ten- give a shot in the arm to an office trated chemicals are priced at mathematics, reading and science. nessee Department of Transporta- submarket with more than 20 per- around $300. tion. The new service is part of the cent of its space vacant. The San GOODLETTSVILLE state’s Swipe and Ride program Francisco-based company would BARTLETT Congressman Jim Cooper and which currently operates in Nash- move from the roughly 25,000 The Bartlett Association of Retail- Goodlettsville Mayor John Finch ville through a partnership with square feet of space that its call cen- ers (BAR) a local non-profit organi- recently met to inspect a new fire Nashville’s Metropolitan Transit ter has occupied in the former CNA zation was formed by local mer- truck at Goodlettsville Fire Depart- Authority. The new agreement with building near Nashville Interna- chants to promote growth and pros- ment Station 41. Purchase of the MATA will provide state employees tional Airport since December 2007. perity for the city’s retail industry. truck was possible through an Assis- in Greater Memphis area with transit New York real estate investment The mission of the BAR is to edu- tance to Firefighters Grant from the rides to and from work at no cost firm Sterling American Property cate the citizens of Bartlett on the Photo by Collierville Photography Department of Homeland Security. until at least September 2010. The Inc. owns that building now called importance of shopping locally and COLLIERVILLE service will be available for work Commerce Center East and the to promote the individual retailers Collierville initiated a traffic safety trips only. The program extends to former SunTrust Bank Building, within the city. “We want residents campaign called “Look Twice Save all MATA services, including the where ServiceSource wants to to know how their decisions about a Life” specifically focused at mo- downtown trolleys. move, in joint ventures with local where to buy gas, groceries or a new torcycle safety. The town has placed investors. appliance can actually impact their signs at key intersections and along MEMPHIS city services and indirectly their heavily traveled streets in an effort A study by nonprofit Memphis TULLAHOMA property taxes,” said Mayor Keith to enhance drivers’ awareness of Bioworks Foundation proposes ma- The Tullahoma Fire Department re- McDonald. The Bartlett Retail As- motorcyclists who share the road jor changes in the way agricultural cently performed a semi-annual sociation has launched with them. To kick off the campaign, land in the Delta is used to create a hands-on inspection of every emer- “buybartlett.org,” a website featur- Collierville held a ride for safety bioeconomy worth $8 billion with gency warning siren located in the ing all retailers inside the city. The event in August. More than 900 more than 25,000 jobs in the next city as well as the one siren located site features a map of the Bartlett motorcyclists participated in the decade. The study says 36 million at Motlow State Community Col- Retail Zone to help people under- ride. acres in the Mississippi Delta now lege. There are seven total sirens stand the zone’s boundaries. producing cotton and trees could be available to warn of impending CLARKSVILLE converted to producing plants that weather emergencies. Firefighter BRISTOL The Clarksville Police Department could be turned into biofuels or plas- Chris Smith, TFD’s siren techni- Advanced Technical Solutions, D.A.R.E vehicle took First Place in tics. The agricultural changes pro- cian, and Jimmy Davis with the LLC (ATS) has announced it has the SUV/Pick-up/Van Category at posed by the study wouldn’t reduce Tullahoma Utilities Board per- opened its first branch office in the D.A.R.E/G.R.E.A.T confer- food crops, which is one of the criti- formed the inspections, with the use Officials inspect Goodlettsville’s Bristol. ATS’ core business is sup- ence. The SUV was a part of a drug cisms of corn-based ethanol produc- of the Utility Board’s small bucket new fire truck. plying IT professional services and seizure which the Major Crimes de- tion. truck. All sirens were inspected for support. Advanced Technical Solu- partment provided for conversion to GREENVILLE function and condition of siren and tions, LLC was founded in 1999. a D.A.R.E show vehicle. Restoring The city has received a $370,163 NASHVILLE batteries. Tod date, all units are The company has grown from its and customizing the SUV was a col- grant for construction of the second Nashville Electric Service is going functioning, in good condition, early days as an information tech- laborative effort between the Police phase of the Greeneville Historic to start using biodegradable soybean and should perform well if nology consulting firm with two Department’s Operation Turn- Walkway. The second phase is de- oil in all new transformers instead of needed. customers to a multi-million dollar around, MAACO, House Doctors, signed to provide a walking trail that petroleum-based oil. “We are elimi- company with 29 employees. and the Citizen Police Academy will connect Downtown Greeneville Alumni. to Hardin Park. The grant from the Kingsport‘s Higher Education CHATTANOOGA Tennessee Department of Transpor- USA TODAY released its list of “10 COLUMBIA tation (TDOT) was announced on Initiative wins Innovations in great places to find true Americana” The state gave its approval for a Aug. 25. The city was the only re- and Rock City Gardens was among controversial drug treatment facility cipient in Northeast Tennessee. The American Government Award them. Just six miles from downtown to be opened in one of Columbia’s grant will cover 80 percent of the Chattanooga, Rock City Gardens, busiest shopping centers. Members $462,704 cost for the second phase The Ash Institute for Demo- Kingsport students and build a more high atop Lookout Mountain, fea- of the Tennessee Health Develop- of the historic walkway with the city cratic Governance and Innovation at qualified workforce. tures massive ancient rock forma- ment Services Agency approved funding a 20 percent match. the John F. Kennedy School of Gov- Among these initiatives, the tions, gardens with more than 400 Recovery of Columbia’s certificate ernment at Harvard University an- city’s K-14 program, a first in the native plant species and a breathtak- of need by a vote of 6-1, opening the LAKEWOOD nounced the Higher Education Ini- nation, extends public high school ing “See 7 States” panoramic view. door for a methadone clinic in the The city, chartered in 1959, will cel- tiative of Kingsport as a 2009 Inno- by an optional two years to provide For more info, visit Campbell Plaza Shopping Center on ebrate its 50th anniversary Septem- vations in American Government students with additional training and www.seerockcity.com. S. James Campbell Boulevard. The ber 26 at City Hall honoring the men Award winner. Formerly with an technical skills. city had sought to block the facility, and women who founded and built over-reliance on a dying manufac- Designed to capitalize on CHATTANOOGA with council members saying it Lakewood. turing industry, Kingsport‘s aging Kingsport’s 53 percent daily com- Construction of Volkswagen’s as- would increase crime and drive busi- population, shrinking younger muter population increase, the city sembly plant is on track for produc- ness away from the area. Methadone LINDEN/PERRY COUNTY workforce, and dropping education also underwent a series of infra- tion to start in early 2011 and a top is a drug used in the treatment of Reporters for the “CBS Evening levels of area residents threatened to structure enhancements, building an executive also said that more than opioid dependency, such as heroin News with Katie Couric” are sched- further depress the region‘s standard “academic village” in close proxim- half the $519 million in plant con- and several prescription painkillers. uled to be in the county to do a of living. ity to the city‘s business center. Of- nationally-released story on the In order to reverse this impend- ficials project the new building COOKEVILLE Perry County Recovery Program. ing economic crisis, Kingsport plans will increase the downtown Cookeville has re- CBS News is interested in the way launched a successful ‘Educate and student population to 2,500 over the ceived funding to American Recovery & Reinvest- Grow‘ campaign to attract new busi- next few years. kick-start a fixed- ment Act (ARRA) dollars are being ness investment to the region by up- Kingsport‘s Educate and Grow route transit bus sys- spent locally to create jobs. The seg- grading the quality of its workforce. program is one of six government tem in the city, and ment will be featured on the CBS Started in 2001, Kingsport officials initiatives honored at an awards re- the service could be Evening News series, “Bright collaborated with the Sullivan ception in Washington, D.C. and up and running as Spots.” The date for that airing has County school board to develop and will receive a grant towards sharing soon as January. The not been released. The network con- finance a host of new programs to its innovation with other jurisdic- funding — just under tacted local leaders and asked them enhance academic outcomes of tions around the country.

Consulting • Design • Project Management Discover ARCADIS . . . Total business solutions that add value to your bottom line JOEL B. SPAULDING

Infrastructure Facilities Environment Business Solutions & COMPANY, INC. „Transportation „Buildings „Site Investigation „Strategic Consulting TH&P ® Solutions for the Future „Water Resources „Operating Facilities „Remediation „GRiP Remediation 2402 WINFORD AVENUE Management Program „Program Management/ „Risk and Associated NASHVILLE, TENNESSEE 37217 Construction Services „Property Redevelopment Management — Guaranteed 3428 Bristol Highway PHONE (615) 255-7766 „Land Resources „Environmental Asset and Johnson City, TN 37601 FAX (615) 255-7767 Liability Management

Knoxville 865.675.6700 TYSINGER, HAMPTON & PARTNERS, INC. Chattanooga 423.756.7193 (423) 282.2687 P (423) 282.1621 F CONSULTING ENGINEERS www.arcadis-us.com [email protected] • www.tysinger-engineering.com

Your Professional Employee Benefit Company The Malone Company 124 North Main Avenue • P.O. Box 616 Fayetteville, TN 37334

Jim Malone Office: (931) 433-6907 President FAX: (931) 433-9714 Toll Free (888) 752-7126 Email: [email protected] 3-TENNESSEE TOWN & CITY/SEPTEMBER 21, 2009 www.TML1.org Tennessee eyes a slice of the broadband stimulus pie State submits projects hoping to connect Tennessee

BROADBAND from Page 1 ative, as well as responsively tailored to fed- Paul VanderMeer, director Administrative eral objectives that will provide more broad- Services, Tennessee’s Department of Eco- band services to the state,” said Eddie nomic and Community Development (ECD); Roberson, TRA director. “I think our applica- and Michael Ramage, executive director Con- tion has a lot of merit.” nected Tennessee. With about an eight-mile wireless cover- After a detailed application process for age range, the state’s rehabilitated towers some 20 organizations and a few private enti- along with new towers, depending upon future ties in Tennessee, all that remains is to wait and funding, would be interconnected with leased to dream. fiber facilities constructed with grant funds, “This has been one of the more difficult according to Kettles. Not only would the net- application processes I have ever seen,” said work be useful for state police radio frequen- Ramage, “But, if all of it gets funded, we would cies, but major carriers have expressed interest see tremendous change across Tennessee. It’s in the rural tower network. been absolutely gratifying to see that all the Along with AT&T, one of the strongest data, the mapping and work this last couple of proposals is from DigitalBridge Communica- years has all come together and we were able to tions out of Ashburn,VA, seeking $100 million put it into this application.” to provide wireless access to 600,000 addi- Connected Tennessee, with the help of tional households across 69 counties in Ten- ArcGIS technology, developed a new interac- nessee. The company plans to lease a technol- tive online mapping tool providing Census ogy called WiMax through a ClearWire Block Level broadband data allowing appli- Internet Service Provider, covering an 8-10 cants and the general public to click on any miles radius that is deemed affordable at $35 a Census Block to obtain the number of house- month and providing 2-4 megabits of down- holds served and unserved by a broadband load speed. Mark Bengel, chief information officer for the state of Tennessee, and Eddie Roberson, provider within that Census Block. The map With the state’s minimum capacity set at TRA director was created according to the Congress pre- 100Mbps, one of the more daunting questions our proposal such as obesity or depression, scribed Broadband Data Act of 2008 based on across the nation, has been how fast should an which could be the result of the physical and information from all types of providers across internet connection be to qualify as broad- virtual isolation from jobs and educational the state, including cable, telephone, wireless band? According to the Information Technol- opportunities that are available elsewhere in Internet Service providers, rural cooperatives ogy & Innovation Foundation, the federal the state,” Rummel said. agencies responsible for distributing the fund- Wayne Senville notes in the 2009 Summer ing have settled on a threshold of 768 kbps for Issue of “Planning Commissioners Journal; downloads and 200 kbps for uploads, about the Libraries Bring Value to Our Communities: speed of the cheapest plan from most DSL “Libraries in cities big and small are becoming providers. However, broadband experts have dynamic places, actively seeking to engage the argued that even faster speeds should be man- community… expanding their mission.” dated for the U.S. to effectively compete glo- Senville observes that famous architect bally. Witold Rybczynski discovered that libraries “What interstate highways were to the are “far from dead in today’s Internet age and 20th century, broadband is to the 21st cen- making a comeback as key anchors in our tury,” emphasized Sen. Roy Herron, co-chair- downtowns.” man of the TaskForce. “Broadband is crucial While Tennessee plans a brighter future Carolyn Ridley, vice president of Regu- for saving jobs and growing jobs.” through improved broadband access, ECD’s latory Affairs, TW Telecom and member If the state’s library system gets a slice of mission is to support these efforts through a of Tennessee Broadband Task Force. the stimulus pie, the road toward future jobs sustainable adoption plan. According to and success for those living in rural sections of VanderMeer, rural broadband adoption in with employment skills. One to one training at Tennessee could begin at their public library in Tennessee hovers around 39 percent with 1/3 public computer centers and online resource a computer lab, where classes would be offered of residents responding that they have no need development. Sen. Roy Herron, co-chairman Tennessee in everything from computer literacy to re- for the technology and 28 percent stating that 3. Broadband toolkits for small businesses, Broadband Task Force sume writing. they do not own a computer. Through a $7.1 anchor institutions and local governments to “Rural Tennessee counties (more than 77) million stimulus fund proposal, ECD plans to enhance and develop local government and municipalities. are home to 2.2 million citizens,” said foster an outreach program following three websites. “I’ve been hearing and reading about Rummel. “The unemployment rate in some of what other states are doing and I think we have progressive steps: “Some rural counties don’t even have a those counties is nearly 20 percent, with a 1. Utilize libraries as an outreach arm, not website,” said VanderMeer. “We hope to pro- a more attractive application,” Ramage contin- poverty rate of more than 20 percent. Broad- ues. “We don’t just say we have good ideas, but only through broadband training, but as facili- vide future community recognition, an An- band access is below 40 percent in 20 of these tators of a public service announcement cam- nual Broadband Day. We may want to bring we have the research to prove the basis of counties. Much of this is compounded by the paign to inform residents about broadband the whole effort into the Three-Star program.” everything we put in our application.” State- fact that 38.3 percent of the state’s population technology, that it is available and what it can According to Bengel, the first round of ap- wide mapping data will be used to create a is found in these rural counties.” national broadband map for understanding and do. Provide an 800 number for an online re- provals should be announced around mid- With a 9.3 percent increase of Internet source center and an online directory of ser- September and notification of awards around improving broadband services throughout the users at public access computers since 2008, U.S. To view Tennessee’s map, visit the Con- vice providers along with basic computer mid-October. Funding should be allotted by according to Rummel, the state also hopes to courses. mid to late December. nected Tennessee website www.connected target social issues at the public computer 2. Online training modules in conjunction “We feel good about our submissions,” tennessee.org. centers. “Tennessee’s approach is novel, but cre- with Tennessee’s Technology Centers and Bengel said. “But, we’ll celebrate when we get “We hope to address health problems in Tennessee’s Career Centers to assist patrons the awards.”

The Need for Speed: The Importance of Next Generation Broadband Networks

Facilitating the widespread de- Terminology sending and receiving data,pictures, and different elec- ployment of next-generation broadband Next Generation Broadband: Download audio and video files over the Internet. tronic devices, Internet will enable the emergence of a speeds at least 20 megabits per second almost all of whole host of online applications and (Mbps), and ideally 50 Mbps or upwards, • Enables Video Streaming Applications: By which can com- services, many of which we can barely and upload speeds of 10 Mbps or greater. making high-quality video on demand municate with imagine today. (VoD) possible at a technical level, next one another and The true potential of this next-gen- Bandwidth: A basic measure of perfor- generation broadband will lead to a revolu- the network. This eration broadband network lies in the mance for computer networks, including tion in video distribution, such as down- multitude of elec- transformative new functionalities it internet broadband service. It determines loading full-feature films in minutes. tronic devices—digital cameras, home enables: faster file transfers, streaming the rate at which computer data moves video editing equipment, cell phones, data such as video, and real-time col- through a network, and thus how quickly • High-quality real-time collaboration: Video- PDA’s, digital video recorders, HDTVs, laboration tools—will support a broad files can be transferred over a network. conferencing applications will add two- laptop computers, home monitoring sys- range of Web-based applications deliv- way video to the old-fashioned phone call. tems, smart appliances, etc. increases de- ering tremendous benefits to consum- What makes next generation broadband mand for broadband, as these devices al- ers, educational institutions, busi- different? • Enable users to run a multiplicity of band- low individuals to both consume and pro- nesses, society, and the economy.—The width-hungry applications simultaneously. duce content and give them the means to Information, Technology & Innova- • Faster File Transfers: Dramatically The homes of today may have up to thirty share it with others. tion Foundation improves consumer experience with

Good Risk Management is just Good Management

Cities and municipal agencies have joined together to create in the TML Pool what has grown to be the largest municipal insurer in Tennessee.

The extent of the coverage provided for municipal expo- sures is staggering, including coverage of more than $5 billion in municipal buildings and personal property.

The Pool is proud to be the largest municipal insurer in Tennessee.

5100 Maryland Way • Brentwood, TN • 800-624-9698 Your Partner in Risk Management since 1979. www.TML1.org 4-TENNESSEE TOWN & CITY/SEPTEMBER 21, 2009

been an ongoing issue in Tennessee. About 30 percent of adults and 36 percent of children are obese, and the state ranks as fourth-fattest in the BY TML STAFF REPORTS of the Tennessee Aeronautics Com- nation. Researchers at Ohio State mission. The Tennessee Aeronau- BY TML STAFF REPORTS Tennessee’s seasonally adjusted University found that people who Bobby Goode, of Dreseden, was tics Commission is a five-member unemployment rate for July 2009 used food stamps were more likely named by the Obama Administra- board charged with policy planning Nearly 70 years after President was released at 10.7 percent, 0.1 to be obese. Women on average tion as the Tennessee state director and with regulating changes in the Franklin Roosevelt dedicated the percentage point lower than the were about six pounds heavier than for rural development for the United state Airport System Plan. Chickamauga Dam and Lock, the June rate of 10.8 percent. The women who did not get food aid. State Department of Agriculture. outline of a new and bigger lock is United States’ unemployment rate They tracked 10,000 people, both on Goode has been an area director in Circuit Court taking shape below the dam on the for the month of July was 9.4 per- and not on food stamps, over 14 Tennessee since 2006. He also Judge D’Army Tennessee River. However, the cent. years and found that poverty, lack of served as a supervisory farm loan Bailey is resigning $391 million lock replacement access to healthy foods, and nutri- manager for the Farm Service from the court af- project is taking longer and costing The Department of Environment tional education of people on food Agency from 1995 to 2006 and prior ter 19 years on the $70 million more than the original and Conservation’s Division of stamps contributed to the obesity to that worked in a variety of roles in bench. His resig- estimate. With much of the available Solid Waste Management has no- rates. the Farmers Home Administration nation was effec- money for lock improvements being tified 11 counties and their mu- from 1979 to 1995. The USDA’s tive Sept. 15. He absorbed by a major project on the nicipalities that generate the most The Great Smoky Mountains Na- rural development program admin- was re-elected to Bailey Ohio River, the new Chickamauga waste in Tennessee that they are tional Park will represent Tennes- isters and manages more than 40 an eight year term in 2006. Prior to Lock probably won’t be finished eligible for recycling rebates see as one of 56 new quarter-dollar housing, business, and community that, Bailey was an attorney. until 2014. The existing lock, which based on their final 2008 waste coins honoring national sites. Be- infrastructure and facility programs. opened in 1940, is suffering from generation reporting data. A total ginning in 2010, the United States Deputy Commissioner Steve “concrete growth” caused by a of $300,000 is available for recy- Mint will issue the quarters in accor- Former state Sen. Norris,who heads the state Division chemical reaction between the river cling rebates from the Solid Waste dance with the “America’s Beautiful Annabelle of Intellectual Disabilities Services, water and the rock used to build the Management Fund for fiscal year National Parks Quarter Dollar Coin Clement plans to retire Sept. 30. Norris was lock. The Army Corps of Engineers, 2009-2010, with funds allocated to Act of 2008.” The design phase will O’Brien has died correction commissioner under both which is in charge of maintenance county and municipal governments now begin for the new quarters, following a fall at Gov. Lamar Alexander and Gov. on the dam, must spend more than $2 based on county waste generation which honor national sites in the 50 her home. She Ned McWherter and is also a former million a year on extra anchors, sup- data and population. The Solid states, the District of Columbia and was 86. Clement deputy commissioner of employ- port devices and engineering analy- Waste Management Fund is com- five U.S. territories. The coins will O’Brien served ment security. ses to keep the crumbling lock in prised of tipping fee surcharges at be issued from 2010 through 2022 in in the Cabinet of O’Brien operation while a new 110-by-600- Tennessee landfills and tire pre-dis- the order in which each site was first two different governors and later Rob Webb, Rural/Metro division foot lock is built. posal fees. The 11 counties eligible established as a national site. The was the first woman chairman on general manager, has been ap- to share the current pool of funding Great Smoky Mountains National three committees in the Tennessee pointed to the Tennessee Emergency When Pfizer Inc. pays Tennessee include Davidson, Hamilton, Knox, Park quarter will be released in Senate. She was married to the later Medical Services Board. Webb will its $15.6 million share of the $2.3 Loudon, Madison, Montgomery, 2014. state Supreme Court Justice serve as a representative for ambu- billion national settlement, it will Rutherford, Shelby, Sullivan, Charles O’Brien and was the sister lance service operators. The 13- be the largest cash payment for Sumner and Williamson Counties. Handguns may now be permitted of former Gov. Frank G. Clement. member Emergency Medical Ser- health care fraud in the state’s in hundreds of parks across the She was also the aunt of former vices Board oversees the Tennessee history. The $2.3 billion will settle Rising electricity costs and the state, but the battle over the issue Congressman Bob Clement. Emergency Medical Services Divi- allegations that Pfizer marketed and nation’s renewed push for energy might not be over. About 70 cities sion, and is responsible for establish- encouraged physicians to use its independence has brought an- and counties have opted out of a law Mike Patterson, after three months ing all rules governing emergency drugs for diagnoses beyond their other round of tax credits, which is that was meant to open all Tennessee as interim, has been appointed city systems throughout the state. approved uses. It also will be the spurring new interest in harness- parks to handguns, and gun-rights manager in Algood. Patterson re- highest fraud sum ever paid in the ing the sun’s rays to heat water. groups say they will press lawmak- placed Freddie Maxwell, who held Newly appointed Knoxville Fire U.S. by a pharmaceutical company. Tennessee showed a three-fold in- ers to take the matter out of local the position for six years. Patterson Chief Stan K. Sharp was sworn in State and federal charges applied in crease in shipments into the state of governments’ hands unless they re- served 20 years on the Putnam publicly officially replacing former the case as they were alleged against solar thermal collectors, the panels consider. From the large cities of County Planning Commission, a Chief Bob Key - who resigned on federally funded Medicare and fed- that capture the sun’s rays for heat- Nashville and Memphis, each with term on the hospital board of trust- Aug. 31. A onetime research scien- eral-and-state-funded Medicaid. ing water, between 2006 and 2007, more than half a million people, to ees and a stint as the Cookeville tist with a master’s degree in life according to the Energy Information rural communities such as assistant city manager in 1978. science with an emphasis on envi- The Tennessee Department of Administration’s most recent tally. Watertown — population 1,400 — ronmental toxicology, Sharp joined Transportation is using the widen- Thermal solar systems use a panel on local city and county councils have Union City businessman Ronald the ranks of the Knoxville Fire De- ing of state Highway 66 in the roof to absorb the sun’s warmth, voted to close their parks to hand- Cooper has been named chairman partment at the age of 36. Sevierville as a pilot program to heating a liquid that is pumped to a guns ahead of a law that went into use Twitter as a way of alerting the tank below. Traditional water heat- effect Sept. 1. Most of the state’s public to ongoing road work. ing is available as needed as a urban centers have voted to ban Former longtime UT-MTAS “That way if they need to close a backup. The new federal tax credit guns. And bans have been reinstated road for a water line, they can send it is good through 2016, and it covers in many suburban and rural commu- Consultant A.C. Lock dies out quickly,” said a TDOT regional 30 percent of the total cost of a nities. spokesman. Those who sign up for system, an amount that is deducted Aaron Charles (A.C.) Lock, Jr., the service will get regular messages from whatever income taxes are The Tennessee Department of former MTAS engineering and about lane closures, work progress owed. Transportation’s “StopLitterT - public works consultant,passed and even crashes in the four-mile Tennessee’s Had Enough” won a away in Claremore, Okla., Aug. 14, long construction zone, which is re- More Tennesseans are receiving 2009 Exemplary Human Environ- 2009, at the age of 84. ceiving about $39 million in federal food stamps than ever before — ment Initiative Award from the Lock worked for MTAS for 25 stimulus money. The service can be nearly one in six — and the num- federal agency. The award recog- years giving assistance to more than accessed at www.twitter.com/im- bers are only expected to increase. nizes transportation projects that 160 cities in West Tennessee. He proving66 or improving 66 for those But as the food stamp program ex- create or improve conditions for hu- joined MTAS in 1965 as an urban already Tweeting. A Web site for the pands, so may the waistlines of the man activities while protecting the growth consultant in Memphis, lat- project also is available at www. people who use the benefit to put natural environment. The ter becoming an engineering and improving66.com. food on the table, according to a StopLitterT campaign, which was public works consultant in 1973. He recent study. Obesity has already launched by first lady Andrea Conte retired in 1990. Even after Lock in 2006, was the state’s first new, retired and he and his wife Jessie comprehensive litter prevention ini- Lee moved back to Oklahoma, he tiative since the Tennessee Trash continued to support the University campaign in the 1970s. of Tennessee and was a regular at the IPS conferences until his health So many bodies have been donated prevented him from attending. A.C. Lock to science in Tennessee this year During his career, he received that the Vanderbilt School of state and national recognition as a fought in several battles including Medicine and the University of public works leader. He was a mem- the Battle of the Bulge. He was a Tennessee Body Farm have ber of the American Public Works member of a unit that won two Presi- stopped accepting cadaver dona- Association and a driving force for dential Citations, and three foreign tions. “We’re seeing an increase in the Tennessee Chapter. In 1983, he decorations. After the war, he re- families who can’t afford the ex- received the prestigious Harry S. turned to Oklahoma where he pense of a funeral,” said Davidson Swearingen Award for contribu- worked, went to school and gradu- County Chief Medical Examiner tions to APWA. In 1989, he re- ated from Oklahoma A.& M. (now Bruce Levy. In Nashville, demand ceived the Tennessee Chapter’s Oklahoma State University) with a for the city’s burial assistance ser- award as “Public Works Man of the B.S. degree in civil engineering. vice has skyrocketed. Between July Year.” Lock then worked for the Corps of 1, 2006, and June 30, 2007, Metro Lock was a native Oklahoman. Engineers, and went on to work as handled 49 burials and 11 crema- He served as an engineer para- city engineer in the cities of The Tennessee Department of Transportation’s “StopLitterT - tions. That number jumped to 97 trooper with the 101st Airborne Di- Claremore, Cushing, and Stillwater, Tennessee’s Had Enough” won a 2009 Exemplary Human Environ- burials and 31 cremations in the vision during World War II and Ok. ment Initiative Award from the federal agency. same period for 2008-09.

Tom Spencer Territory Manager

570 Beechgrove Way Burns, TN 37029 USA

T (615) 973-0367 [email protected] www.sensus.com

GGRIGGSRIGGS & & MALONEY MALONEY I N C O R P O R A T E D

P.O. Box 2968 Murfreesboro, TN 37133-2968 (615) 895-8221 www.griggsandmaloney.com 5-TENNESSEE TOWN & CITY/SEPTEMBER 21, 2009 www.TML1.org Statewide building codes Some $37 million in loans approved for will make homes safer drinking water and wastewater projects CODES from Page 1 ceed the additional construction and The Tennessee Local Devel- vision and support of our efforts. permitting costs. Building to mini- opment Authority (TLDA) ap- “We appreciate all the hard mum standards should result in proved nine communities and two work and input from so many people homes that are safer, more environ- utility districts in Tennessee to re- in this state who worked to bring this mentally friendly, more energy-effi- ceive a total of more than $37 to fruition, especially the cient and less costly to insure. million in low-interest loans for Governor’s Energy Task Force TDCI will be adopting rules to drinking water and wastewater in- members,” says Commissioner carry out its authority under the new frastructure projects. Of that Newman, “and we thank our legisla- law. Prior to beginning the amount, $15 million is scheduled tive sponsors – Senator Jim Kyle, rulemaking process, the Department for principal forgiveness on debt, Senator Ken Yager, Senator Randy intends to educate Tennessee’s com- which will result in a financial McNally, Rep. Les Winningham munities and listen to the concerns windfall for the communities with and Rep. Phillip Johnson – for all of Tennessee’s citizens. The depart- the most urgent needs. their hard work in sponsoring and ment will be conducting meetings The loans are provided passing this progressive legisla- around the state and will invite citi- through Tennessee’s Clean Water tion.” zens, local government representa- State Revolving Fund (CWSRF) Most of the state’s more-popu- tives, fire safety professionals, envi- and Drinking Water State Revolv- lous areas enforce one- and two- ronmentalists, homebuilders and ing Fund (DWSRF) programs. family building codes and, in fact, any other interested persons to at- The American Recovery and Re- about 75 percent of the state’s resi- tend these meetings and have an op- investment Act (ARRA) of 2009 dents live in areas already subject to portunity to comment. provided additional funding for a one- and two-family residential The department also plans to the two programs. The funding (LF) of gravity sewer collection place the Town of Monteagle’s construction code. Although, in offer free training to its contractors consists of 50 percent DWSRF/ lines, two pumping stations and ap- two existing wastewater treatment truth, some of these areas do not (modeled on its electrical inspector CWSRF program funds and 50 proximately 13,000 LF of force plants with an improved sequenc- adequately enforce codes. However, program) and for local government percent ARRA funds. In compli- main. Total: $3,229,000. Loan: 20- ing batch reactor wastewater treat- for some areas of the state, one- and codes officials to ensure that Ten- ance with ARRA funding guide- year loan for $1,937,400. Interest ment plant and replacing the old two-family residential construction nessee has qualified home inspec- lines, only 60 percent of the total Rate: 2.14 percent. Principal For- existing clay pipe collection sys- simply does not have the volume to tion professionals to conduct the loan amounts will have to be re- giveness: $1,291,600. tem with a new small-diameter enable a local government to imple- foundation, framing, mechanical paid. The remaining 40 percent of • City of Cookeville – for collec- low-pressure and conventional ment a cost-efficient codes program. and plumbing and energy inspec- the original loan amounts will be tion system upgrade and expansion gravity collection system. Total: Therefore, after hearing from tions, and will be taking other steps forgiven. via the system-wide installation of $6,200,000. Loan: 20-year loan local government representatives, to ensure new homes are built ac- “This is the second of three telemetry to pumping stations and for $3,720,000. Interest Rate: 1.79 the current electrical inspection pro- cording to codes. allocations to be made for loans the construction of a 2.6 million percent. Principal Forgiveness: gram was used as a model for en- Additionally, the state will offer pursuant to the ARRA and the gallons per day (MGD) submersible $2,480,000. forcement of a minimum statewide other incentives to small-to-me- State Revolving Fund Loan Pro- sewage pumping station, approxi- • Town of Smyrna –for green- residential one- and two-family resi- dium-sized local governments to grams,” said Comptroller Justin mately 6,500 LF of 16-inch diam- treated wastewater reuse and new dential construction code. And, al- stay in the program or conduct a Wilson, secretary of the TLDA. eter force main and approximately storage tank project. Total: though the Legislature gave local comparable, locally enforced pro- “They are receiving significant 10,000 LF of 18- and 21-inch diam- $5,750,000. Loan: 20-year loan governments the power to opt out of gram. Local communities still have loan amounts at very low interest eter gravity sewer lines in the south for $3,450,000. Interest Rate: 2.14 the codes that will be adopted by rule the right to adopt more stringent rates. Forty percent of the princi- western part of Cookeville in the percent. Principal Forgiveness: of the Department and limited the standards than what our Department pal is forgiven and does not have Hudgins Creek Drainage Basin $2,300,000. codes application to new construc- is authorized to adopt. For example, to be repaid. And interest is based area. Total: $3,500,000. Loan: 20- • City of White House – for tion (not renovations), a community a locally adopted code may require on a community’s ability to repay year loan for $2,100,000. Interest construction of approximately that has basic minimum building sprinklers because local jurisdic- the loan.” Rate: 2.50 percent. Principal For- 2,500 LF of gravity sewer lines, standards — especially for homes — tions are better suited to consider Wilson added that a third giveness: $1,400,000. 2,500 LF of force main, 16 man- is one that cares about is citizens and factors such as availability of fire group of applicants will be consid- • City of Lenoir City – for waste- holes, and a new duplex sewer lift its future. Enforcement of minimum services, water availability and ered for TLDA approval in Octo- water treatment plant improve- station at Copes Crossing to re- energy-efficiency construction costs. While we want to hear from all ber. ments, upgrade and secondary treat- place the existing Tyree Springs standards contained in the residen- parties, we will definitely start with The General Assembly del- ment (digester rehabilitation, trick- sewer lift station. Total: tial building code will ultimately a bias for the safest possible homes egated to the Tennessee Local De- ling filter rehab and miscellaneous $1,000,000. Loan: 20-year loan save the consumer in energy costs in and for homes that will be built to velopment Authority the responsi- upgrades). Total: $4,500,000. Loan: for $600,000. Interest Rate: 1.77 amounts that, over time, will far ex- save lives and money. bility for issuing bonds and notes 20-year loan for $2,700,000. Inter- percent. Principal Forgiveness: to provide funds to make loans to est Rate: 2.88 percent. Principal $400,000. local governments for water and Forgiveness: $1,800,000. DWSRF/ARRA loan approv- Worst of recession sewer facilities. As of June 30, • City of Madisonville – for als recipients include: 2009, the Authority’s outstanding wastewater treatment plant • City of Jellico – for water source indebtedness was $52 million in (WWTP) improvements to increase and storage improvements via the has yet to hit cities bonds and $52 million in tax-ex- the capacity of the equalization ba- construction of two new raw water empt notes. The Authority also sin and pump station, construct ap- wells, approximately 9,500 LF of RECESSION from Page 1 in tax collections requires us to con- manages the two Revolving Loan proximately 8.3 miles of force main raw water transmission lines and continue to endure a difficult eco- tinue to closely monitor revenues portfolios, which totaled more that will transport screened waste- re-activating the Old City Water nomic environment in the coming and adjust expenditures accord- than $594 million as of June 30, water to the Tellico Reservoir. De- Storage Tank. Total: $1,350,000. months. ingly,” Goetz said. “August sales 2009. velopment Agency’s wastewater Loan: 20-year loan for $810,000. “Cities will be seeing difficult tax figures reflect July consumer Municipalities approved in treatment plant for treatment, and Interest Rate: 0.71 percent. Princi- conditions for some time,” said spending, and represent the first this round for CWSRF/ARRA eliminate Madisonville’s wastewa- pal Forgiveness: $540,000. Chris Hoene, co-author and director month of collections for the new loans by the Tennessee Local De- ter treatment plant discharge to Bat • City of Morristown – for of research and innovation for the fiscal year. “We need to make sure velopment Authority include: Creek. Total: $5,836,500. Loan: 20- 12,800 green-water meter replace- National League of Cities. “The im- we make adjustments to accommo- • City of Algood – for collec- year loan for $3,501,900. Interest ments. Total: $2,000,000. Loan: pact of the housing market drop is date for the next several months so tion system expansion to the Bear Rate: 2.14 percent. Principal For- 20-year loan for $1,200,000. In- really just beginning to be felt. City we keep the state’s budget in a bal- Creek Area Sewers including ap- giveness: $2,334,600. terest Rate: 2.83 percent. Principal leaders and residents will need to anced posture.” proximately 23,000 linear feet • Town of Monteagle – to re- Forgiveness: $800,000. work together more than ever to On an accrual basis, August is make decisions about the future of the first month in the 2009-2010 their communities in terms of the fiscal year.August collections were types and levels of services cities $28.2 million less than the budgeted Knoxville area pet friendly initiative will provide in the next few years.” estimate. The general fund was un- The report also calls for a der collected by $30.5 million and DOGS from Page 1 them. greater coordination of effort among the four other funds were over col- population owning a pet). Further- “We are cur- local, state and federal governments lected by $2.3 million. more, during the past decade the rently staking the in responding to these challenges. Sales tax collections were $24.6 current number of pet-owning claim and are in “It is imperative that as the na- million less than the estimate for households increased 12 percent, up the planning tional economy recovers, the nation August. The August growth rate from 61.2 million pet-owning stages,” said keeps its attention focused on the was negative 8.21%. households in 1998, the first year the Abigail Taylor, recovery of our cities,” said Don Franchise and excise taxes com- survey was conducted. Knox County Borut, executive director of the Na- bined were $279,000 above the bud- “Ultimately, being the most pet- communications tional League of Cities. “The fiscal geted estimate of $20.6 million. friendly community in America can specialist. “It will health of our cities is essential to Gasoline and motor fuel collec- offer great benefits to our citizens,” take time, but we keeping our nation innovative and tions increased by 9.13% and were said Knox County Mayor Mike are definitely do- competitive on the world stage.” $5.2 million above the budgeted es- Ragsdale. “It can also have a signifi- ing this.” The City Fiscal Conditions Sur- timate of $68.2 million. cant positive impact on local tour- While Knox- vey is a national mail and online Tobacco tax collections for the ism.” ville-area resi- survey of finance officers in U.S. month were under collected by The prospect of separation anxi- dents are being cities conducted in the spring-sum- $289,000. ety draws thousands of pet lovers called upon to mer of each year. This is the twenty- Privilege tax collections were each year to sites such as make donations, fourth edition of the survey which $1.4 million less than the budgeted DogFriendly.com to view the volunteer, be- Knoxville Mayor Bill Haslam along with county and began in 1986. estimate of $17.6 million. rankings and resources of cities that come pet friendly state officials announce the kick off of the pet friend- The National League of Cities is Inheritance tax collections were welcome four-legged travelers. businesses and liest community initiative. the nation’s oldest and largest orga- $3.0 million below the budgeted es- DogFriendly.com’s 2009 Top 10 support pet nization devoted to strengthening timate. U.S. Cities to Visit with Your Dog friendly events— furry, four-legged populations of at least 100,000 to and promoting cities as centers of All other taxes were under col- provides the scoop on cities with tail waggers still have a hurdle to establish an ordinance and a permit opportunity, leadership and gover- lected by a net of $4.4 million. dog-friendly accommodations, jump before becoming future restau- process enabling restaurants to al- nance. NLC is a resource and advo- The budgeted revenue estimates transportation options, beaches, rant diners. low dogs into outdoor dining areas. cate for 19,000 cities, towns and for 2009-2010 are based on the State parks, dining and sight seeing areas. Knox County Commissioner Up-to-date details about the villages, representing more than 218 Funding Board’s consensus recom- With competitors such as San Fran- Mike Hammond placed a new law Knoxville community’s most pet million Americans. mendation adopted by the first ses- cisco, Boston, Charleston S.C., and signed by Gov. Bredesen on the Sep- friendly efforts and opportunities to Through its Center for Research sion of the 106th General Assembly New York, the Knoxville commu- tember commission meeting agenda join the cause are available at and Innovation, NLC develops, con- in May of 2009. nity have their work cut out before that allows cities and counties with www.petfriendliestcommunity.com ducts and reports research on issues affecting cities and towns. The Cen- ter assists cities and their leaders to implement innovative practices by providing qualified information and technical assistance. Tennessee Revenues Tennessee state tax collections again fell below budgeted estimates in August, with sales tax collections recording negative growth for 18 of the last 20 months. Finance and Ad- ministration Commissioner Dave Goetz reported that overall August revenues were $726.9 million, which is 5.74% below collections for August 2008. “The continued negative trend www.TML1.org 6-TENNESSEE TOWN & CITY/SEPTEMBER 21, 2009 It’s hip to be square! Krystal Square Off VI

Advertising: $9.25 per column inch. aspects of financial management championship to be held in Chattanooga No charge to TML members. Send and requires a comprehensive un- advertising to: TT&C Classified Ads, derstanding of city government fi- Mona Lawrence, 226 Capitol Blvd. nance. Director manages the bud- Suite 710, Nashville TN 37219; e- geting, accounting, accounts pay- mail: mlawrence@ TML1.org; or fax: able, debt service management func- 615-255 4752. tions of government and participates in the cash management, pension, ASSISTANT TRANSPORTA- investments and certain aspects of TION DIRECTOR the payroll process and purchasing. MURFREESBORO. The city is Position serves as city recorder seeking qualified applicants for the working closely with the Board of position of Assistant Transportation Commissioners. A bachelor’s de- Director. Bachelor’s degree re- gree in Accounting, Finance, Public quired; major course work in public Administration, or closely related administration, engineering, trans- field supplemented by three (3) portation, or related field is pre- years previous experience and/or ferred. College requirement may be training that includes progressive waived with ten (10) or more years management experience involving of relevant experience. Minimum of governmental accounting and bud- three (3) years of progressively re- geting is required. Preference will be sponsible work experience in public given to candidates with profes- transportation or public transit man- sional certification such as Certified agement is required. Excellent hu- Municipal Finance Officer man relation skills, with the ability (CMFO); Certified Governmental to communicate effectively with the Financial Manager (CGFM); or Cer- public, elected officials, department tified Public Accountant (CPA). heads, employees and the media. Salary: DOQ; comprehensive ben- Salary is $4,833.75 to $6,006.00 efit package including TCRS Pen- monthly DOQ&E with excellent sion. Applications will be accepted Qualifiers for the Krystal Square Off VI competition will be held across seven southern cities before the big benefits. Required application form until position is filled. Submit a championship finale, to be held Sept. 27 at Ross’s Landing in downtown Chattanooga. Contestants will and job description available at: letter of interest, current resume, sal- square off against some of the best competitive eaters in the world. Krystal has hosted eating contests since www.murfreesborotn.gov or Per- ary history and a list of three profes- it first opened in 1932. This year marks the largest cash purse in competitive eating history, $50,000. sonnel Department, 111 West Vine sional references to:City Manager, Street, Murfreesboro, TN 37130. City of Fairview, 7100 City Center Phone 615-848-2553, TDD 615- Circle, P O Box 69, Fairview, TN 849-2689, Fax 615-904-6506. Ap- 37062. Email: [email protected]. Tennessee airports honored for excellence plications accepted until the posi- The Tennessee Department of nance and level of service at their was honored for his many contribu- tion is filled. EOE. TOWN ENGINEER Transportation recognized five Ten- airport. tions to the aviation industry by COLLIERVILLE. The town is seek- nessee Airports with Awards of Ex- The Winchester Municipal Air- presenting him with the Excellence CITY MANAGER ing applications for an experienced cellence in aviation. The awards port received the award for Most Award for Career Contributions to WAYNESBORO. The city is seek- town engineer. The town engineer were presented at the 24th Annual Improved Airport of the Year. The Aviation. Warren is the manager of ing qualified applicants for the posi- performs administrative, manage- Tennessee Airports Conference on Tennessee Aeronautics Commis- the Savannah-Hardin County Air- tion of city manager. The manager rial and supervisory work in direct- August 20 in Nashville. The Awards sion recognized Winchester Mu- port. works under a manager-commission ing the town’s entire engineering of Excellence recognize outstanding nicipal Airport for their efforts to “Montill Warren has set an ex- charter and is supervised by a five program, covering both design and achievements and contributions to improve the facilities, service and ample for others in our industry member city commission. The posi- construction of public works and aviation in five categories: Airport overall operation of the airport. through his impressive leadership, tion includes 29 full time employees public utilities projects to enhance of the Year, Most Improved Airport, The Excellence Award for Gov- dedication, persistence and overall and utilities operating under a $3.8 and update the town’s infrastruc- Governing Body of the Year, Airport erning Body of the Year was pre- commitment to excellence in the million budget. The ideal applicant ture. This position requires that the Manager of the Year, and Career sented to the Portland Airport Au- field of aviation,” said Woods. will have 2-4 years of college in candidate have a Bachelors Degree Contributions to Aviation. thority for demonstrating superior The Awards of Excellence are public administration, business or a in Civil Engineering or related; “Each of these winners is setting leadership in the field of aviation. presented each year during the Ten- related field. Requires 2-5 years of supplemented by 10 years of profes- an example for others through their Danny Collins with the nessee Airports Conference. city management experience and sional experience that includes pub- leadership, dedication, persistence Rockwood Municipal Airport was “The Aeronautics Commis- residence within the city is required lic sector municipal engineering, and overall commitment to excel- awarded the Airport Manager of the sion recognizes the combined, co- during tenure, as well as having or project design, and contract admin- lence,” said TDOT Commissioner Year. operative and ongoing efforts of being able to obtain a Tennessee istration, with at least 7 years at a Gerald Nicely. “Danny Collins sets the bar for many people and groups to con- drivers license. Salary and benefits supervisory level, or any equivalent The Fayetteville Municipal Air- all other airport managers through tinue to improve our aviation in- are negotiable. Apply by October 5 combination of education, training port was selected as Airport of the his steady leadership, dedication, dustry,” said TAC Chair Ronald to [email protected], faxed to and experience. Must possess Pro- Year. To receive this award, the persistence and an overall commit- Cooper. “These awards, whether to 615-532-4963, or mailed to MTAS, fessional Engineering (PE) license airport’s commission has demon- ment to excellence,” said TDOT an individual, organization or air- 226 Capitol Blvd., Suite 606, Nash- at time of hire and obtain State of strated a long term commitment to Aeronautics Director Bob Woods port, recognize all who have con- ville, TN 37219-1804, Attn., Tennessee licensure within 6 the operation, appearance, mainte- Montill Warren of Savannah tributed to aviation.” Waynesboro City Manager. The months of hire. Salary range of city is an EEOC employer and does $64,529 - $102,195 (DOQ) with ex- not discriminate in employment and cellent benefits. This position will Front Door Awards recognize quality airports selection. remain open until filled. To apply, send letter of interest, cover letter The Tennessee Department of sonnel; and, an overall impression of Jamestown Municipal Airport FINANCE DIRECTOR/ with resume, salary history and pro- Transportation is recognizing nu- community pride and commitment Johnson County Airport CITY RECORDER fessional references to: The Centre merous airports across the state with to quality. John A. Baker Field FAIRVIEW. The city is seeking ap- Group, 3725 Campion Hills Drive, “Front Door Awards” for providing The goal is for every airport in John C. Tune Airport plicants for the position of Finance Suite #2300 Memphis, Tn. 38125, facilities and services that reflect Tennessee to receive this award in Lafayette Municipal Airport Director/City Recorder. This posi- Attention: Joel Myers. community pride and commitment recognition of their commitment to Lawrenceburg-Lawrence Co. Airport tion is the city’s authority on all to quality. The awards were handed quality and community pride. Lebanon Municipal Airport out at the 24TH Annual Tennessee Livingston Municipal Airport Airports Conference on August 20, 2009 Award Recipients Lovell Field 2009. Abernathy Field McMinn County Airport “You never get a second chance Beech River Regional Airport Monroe County Airport to make a first impression and our Benton County Airport Maury County Airport airports are often the front doors to Campbell County Airport Marion County – Brown Field our communities for visitors and Carroll County Airport Mark Anton Airport BY TML STAFF REPORTS More people are getting their business representatives,” said Charles W. Baker Field McGhee Tyson Airport health insurance from the govern- TDOT Commissioner Gerald Centerville Municipal Airport McKellar-Sipes Regional Airport Federal agencies will be hiring ment as the number of individuals Nicely. “I’m pleased to honor these Crossville Memorial Airport Memphis International Airport more than 270,000 workers for with coverage from an employer airports for their commitment to Collegedale Municipal Airport Millington Regional Jetport mission-critical jobs by the end of decline, according to figures re- quality.” Covington Municipal Airport Moore-Murrell Field September 2012, according to a leased by the U.S. Census Bureau. Front Door Awards are pre- Upper Cumberland Regional Airport Murfreesboro Municipal Airport new report from the Partnership The number of people in the U.S. sented by the Tennessee Department Dickson Municipal Airport Nashville International Airport for Public Service. The total pro- without health insurance rose by of Economic and Community De- Downtown Island Airport New Tazewell Municipal Airport jected hiring for mission-critical about 700,000 between 2007 and velopment, Tennessee Department Dyersburg Regional Airport Outlaw Field jobs is expected to jump by more 2008 to 46.3 million. The proportion of Transportation and the Tennessee Elizabethton Municipal Airport Portland Municipal Airport than 40 percent during fiscal 2010 to of uninsured was essentially un- Aeronautics Commission. Everett-Stewart Regional Airport Rockwood Municipal Airport 2012, compared to the previous changed at 15.4 percent. The 46 mil- The criteria for the Front Door Ellington Airport Robert Sibley Airport three years. The D.C.-based non- lion figure, often cited in debates Award include: general appearance Fayetteville Municipal Airport Savannah-Hardin County Airport profit compiled the report by survey- about overhauling health care, is of the airfield, buildings and Fayette County Airport Shelbyville Municipal Airport ing 35 federal agencies about gov- hotly disputed. Many experts say the grounds; quality of services offered Franklin County Airport Smithville Municipal Airport ernment-wide projected hiring number is probably higher now be- to passengers, aircraft and crews; General DeWitt Spain Airport Smyrna Airport needs for the next three years. Most cause rising unemployment is caus- availability and quality of informa- Greeneville-Greene Co. Airport Springfield-Robertson Co. Airport federal hiring will be concentrated ing more people in the U.S. to lose tion about the airport and the sur- Gatlinburg-Pigeon Forge Airport Sumner County Regional Airport in five fields: medical and public insurance provided through jobs. rounding community; cleanliness Gibson County Airport Tri-Cities Regional Airport health; security and protection; That number includes millions of and level of maintenance of areas Hardwick Field Tullahoma Regional Airport compliance and enforcement; legal; people who are eligible for govern- used by the passengers, aircrew and Hawkins County Airport Warren County Memorial Airport and program management. The ment insurance but haven’t en- airport visitors; courtesy and profes- Henry County Airport William L. Whitehurst Field medical and public health arena has rolled, or who can afford coverage sionalism displayed by airport per- Humphreys County Airport Winchester Municipal Airport 54,114 projected hires, with large but chose not to buy it. About 25 concentrations of jobs within the percent of the uninsured are eligible Department of Veterans Affairs and for Medicaid or state-run children’s Changes to business tax delayed to 2010 the Department of Health and Hu- health insurance programs. BUSINESS from Page 1 scheduled statewide workshops to November 5 Johnson City man Services. as has been done in the past. address the new changes. November 6 Knoxville 2. The Department has prepared a This class, tought by Bill Trout, November 12 Franklin TDEC fees increased notice for Classification 4 taxpayers manager of Taxpayer Education, November 18 Lakeland containing important information with the Department of Revenue, November 19 Jackson TDEC from Page 1 tion activities, the fees for training concerning changes required under will give an update on the new laws WQCB also discussed forming a classes and building and equipment the new law. The Department has passed this year, as well as address a To register for this municipal committee to review ways to en- use were permanent and not subject requested that municipal clerks/re- number of issues that pertain to ad- administration program class, hance service levels to the fee pay- to public comment. corders include a notice from the ministration and collection of the please visit the MTAS web site at ers. As previously stated, the legis- Department of Revenue when send- local business tax, including a vari- www.mtas.tennessee.edu or con- The Fleming Training Center lature suspended the rule that pre- ing out the returns. Revenue has ety of exceptions and tax credits tact Elaine Morrisey at made up for the loss by increasing vents fee increases in a fiscal year in posted the notice on their website at allowed, state reporting require- Elaine.morrisey @ tennessee.edu. fees for cross connection certifica- which state appropriations are re- http://www.tn.gov/revenue/notices/ ments, and other various procedures or call 865-974-0411. For program tion by 20-54 percent and imple- duced. This means it is possible that business/bus09-00.pdf that can be quite confusing. information, contact Kurt menting new cross connection train- municipalities could face more fee This course is designed for all Frederick MTAS Training Con- Business Tax Classes ing fees. In addition to the authority increases at any time during the next municipal employees who handle sultant at 615-253-6385 or e-mail to increase fees, the Fleming Train- three years. TML will continue to With all the new changes to the finance and the implementation and [email protected]. ing Center was given permission to keep you informed. buiness tax, the University of collection of business tax. Fees are $25 per person per charge fees for training class and Please visit www.tml1.org to Tennessee’s Municipal Technical class for municipal employees and building and equipment use. Unlike view more information about the Advisory Service in conjuction with Class Schedule $55 per person per class for all the increase in fees for cross connec- new fee schedules. the Department of Revenue have November 4 Collegedale other participants. 7-TENNESSEE TOWN & CITY/SEPTEMBER 21, 2009 www.TML1.org

Tennessee Municipal League 2009-2010 Officers and Directors PRESIDENT 2009 Public Acts of Interest Tommy Pedigo Mayor, Sparta VICE PRESIDENTS BY JOSH JONES Chapter No. 347 (SB0113/ who has a relationship with the ac- Dale Kelley MTAS Legal Consultant HB0484). Offense of harassment cused as defined by the domestic Mayor, Huntingdon expanded. Amends T.C.A. §39-17- abuse provisions of T.C.A. § 36-3- Kay Senter Sept. 1-Oct. 29: Abraham Lincoln: 308 by making it an offense to com- 301.Effective July 1, 2009. Councilmember, Morristown Crimes and Criminal Procedure Beyond the Penny, an exhibit pre- Ken Wilbur municate with another person with- Chapter No. 274 (SB1168/ sented by the Tennessee State Li- Mayor, Portland out legitimate purpose: Chapter No. 418 (SB1666/ brary and Archives, on display at DIRECTORS HB1228). Offense of falsely wear- HB1201). Child endangerment by Jody Baltz 1) With the malicious intent to the library and archives building in ing military decoration. Amends frighten, intimidate or cause emo- neglect. Amends T.C.A. Title 39, City Administrator, Tullahoma T.C.A. Title 58, Chapter 1, Part 1 by downtown Nashville. The exhibit President (TCMA) tional distress; or Chapter 15, Part 4 by creating the creating the offense of wearing or honors Abraham Lincoln in cel- Alan Barker (District 7) 2) In a manner the defendant offense of child endangerment, de- ebration of the 200th birthday of Mayor, Humboldt displaying any U.S. military or Ten- knows, or reasonably should know, fined as when a parent of a child Angie Carrier nessee Military Department badge, America’s 16th president. It show- City Administrator, White House ( District 5) would frighten, intimidate or cause eight years of age or less exposes decoration or medal with the intent cases portraits of Lincoln and dis- Betsy Crossley emotional distress to a similarly situ- such child to or knowingly fails to cusses the continued use of the Mayor, Brentwood (District 6) to deceive or misrepresent that the Karl Dean ated person of reasonable sensibili- protect such child from abuse or ne- penny to commemorate his centen- person is authorized under law or ties; and the person is frightened, glect resulting in physical injury to Mayor, Metro Nashville regulation to wear or display the nial, sesquicentennial and bicenten- Chris Dorsey intimidated or emotionally dis- the child. Also amends provisions badge, decoration or medal. Also an nial anniversaries. For further infor- City Manager, Red Bank (District 3) tressed. Effective July 1, 2009. dealing with aggravated child ne- mation about the exhibit, contact David Edwards offense to falsely represent, orally or glect and aggravated child endan- Councilman, Murfreesboro in writing, that such person has been Lori Lockhart at 615- 253-3457. David Gordon Chapter No. 387 (SB1243/ germent. Effective July 1, 2009. Mayor, Covington awarded any decoration or medal by HB0815). Laser pointer offenses. J.H. Graham III Sept. 23-25: Certified Municipal Congress or the Tennessee Military Amends T.C.A. § 39-16-515 by ex- Chapter No. 455 (SB0314/ Mayor, Crossville (District 4) Department. Clerk Institute and Master Munici- Bill Haslam panding the offense of pointing a HB1225). Domestic violence of- Effective May 21, 2009. pal Clerk Academy, Cool Springs Mayor, Knoxville laser pointer at a law enforcement fenders to turn over firearms. Embassy Suites, Franklin. For in- Curtis Hayes Amends T.C.A. Title 36, Chapter 3, Mayor, Livingston officer, making it illegal to point a formation, contact Kurt Frederick, Chapter No. 276 (SB1517/ laser pointer at a firefighter, emer- Part 1 and Title 39, Chapter 17, Part W.W. Herenton HB1527). Offense of disseminat- at (615) 253-6385 or e-mail at Mayor, Memphis gency medical technicians or other 13 by requiring the respondent to an ing any autopsy material. Amends [email protected] Richard Hodges emergency service personnel, while order of protection that complies Mayor, Millington T.C.A. § 38-7-119 by making it a that individual is actively engaged in with the provisions of U.S.C. § Dot LaMarche, misdemeanor offense to distribute, Oct. 14-15:The East Tennessee Vice Mayor, Farragut the performance of his or her duties. 922(g)(6) to, within 48 hours, trans- publish or otherwise disseminate Purchasing Association (ETPA) Ron Littlefield Pointing must be with the intent to fer possession of all firearms in Emergency Preparedness Confer- Mayor, Chattanooga any autopsy photographs, videotape respondent’s possession to a third David May place the individual in fear of serious ence at the Crowne Plaza in down- or other visual image or any autopsy bodily injury or death. party who is not prohibited from Council, Cleveland audio recording without the written town Knoxville. To benefit a wide Keith McDonald (District 8) Effective July 1, 2009. possessing firearms. Respondent is variety of government officials who Mayor, Bartlett consent of the next of kin or personal prohibited from possessing any fire- Cindy Cameron Ogle make key decisions during an emer- representative of the deceased. Of- Chapter No. 390 (SB1419/ arm while the order of protection is City Manager, Gatlinburg (District 2) fense is punishable with incarcera- gency. For purchasing directors and Bo Perkinson HB1210). Warrants issued upon in effect. Violation is a Class A mis- tion if government employee re- staff, emergency management di- Vice Mayor, Athens LEA employees. Amends T.C.A. demeanor. rectors, finance officers, city man- Johnny Piper leases this information for pecuniary Title 40, Chapter 6, Part 2 by requir- Effective July 1, 2009. Mayor, Clarksville gain.Effective July 1, 2009. agers and others with city, county Charles “Bones” Seivers ing the written approval of the dis- and state governments. To register President-CEO, TN Municipal Bond Fund trict attorney prior to the issuance of Chapter No. 510 (SB0510/ or learn more, visit www.etpanews. Randy Trivette Chapter No. 307 (SB1665/ HB0714). Criminal trespassing City Recorder, Erwin (District 1) arrest warrant for an LEA employee org HB1429). Serious bodily injury where the affiant is the parent of a statute amended. Amends T.C.A. § defined. Amends T.C.A. § 39-11- PAST PRESIDENTS child who is the alleged victim and 39-14-405 by redefining criminal Oct. 22 - 23: Greening Your Com- Tom Beehan, (2008) Mayor, Oak Ridge 106(a)(34) by expanding the defini- the LEA employee had supervisory trespass as entering or remaining on Tommy Green (2007) Mayor, Alamo tion of “serious bodily injury” under munity: The Urban Forestry Ap- or disciplinary power over the child. property without the consent of the Tommy Bragg (2006) Mayor, Murfreesboro Title 39 to include a broken bone of proach Conference; Tennessee Ur- Bob Kirk (2004) Alderman, Dyersburg Effective July 1, 2009. owner. Consent may be inferred a child who is eight years of age or ban Forestry Council, Lipscomb Tom Rowland (2002) Mayor, Cleveland where property is used for commer- University, Nashville. Contact: Jen- Sam Tharpe (2001) Mayor, Paris less.Effective July 1, 2009. cial activity available to the general Dan Speer (1997) Mayor, Pulaski Chapter No. 394 (SB1831/ nifer Smith, 615-352-8985 HB1541). Offense of aggravated public or where the owner has com- [email protected] TML AFFILIATED ORGANIZATIONS Chapter No. 324 (SB0534/ assault against a public employee municated his or her intent that the HB0355). Post-accident blood al- (Ex-Officio Directors) or employee of a transportation property be open to the public. Ex- Tennessee Municipal Attorneys Assn. cohol level tests required. Amends Oct. 28-30: TCMA Fall Confer- system. Amends T. C.A. §29-13- ception for entering or remaining on Andy Wright, Lebanon T.C.A. § 55-10-406 by requiring a ence, Chattanooga, Sheraton Read Tennessee Municipal Judges Conference 102 by creating a classification of railroad or utility right-of-way prop- law enforcement officer to see that a House. For registration and pro- John T. Gwin, Mount Juliet aggravated assault specific to an as- erty for agricultural activity by an gram information contact David Tenn. Chapter, American Public Works driver is tested to determine the alco- adjoining landowner. Exception Jerry Collins, Memphis Light & Water sault against a public employee or an Angerer at 731-423-3710 or email hol or drug content of the driver’s employee of a public or private does not apply for recreational and Tennessee Government Finance Officers blood if the officer has probable him at [email protected] Mark S. Brown, Bartlett transportation system authorized by educational activities or where ad- Tenn. Assn. Housing & Redevel. Auth. cause to believe the driver commit- joining landowner has been notified Marilyn Medley, Morristown state law, when the employee is per- ted: forming a duty within the scope of to cease activity. TENNESSEE MUNICIPAL LEAGUE STAFF Tennessee Building Officials Assn. 1)Driving under the influence; Margaret Mahery, Executive Director Tim Ward, Oak Ridge his or her employment. Effective July 1, 2009. Chad Jenkins, Deputy Director Tennessee Fire Chiefs Assn. 2)Vehicular assault; Effective June 9, 2009. Mark Barrett, Legislative Research Analyst Jerry W. Crawford, Collierville 3)Vehicular homicide; or Economic Development Carole Graves, Communications Director & Tennessee Assn. of Air Carrier Airports 4)Aggravated vehicular homicide. Editor, Tennessee Town & City Larry Cox, Memphis Chapter No. 412 (SB0539/ Chapter No. 180 (SB1667/ Edna Holland, Government Relations, TML/RMP Testing does not require driver con- John Holloway, Government Relations Tennessee Association of Chiefs of Police HB0351). Assault against law en- HB1211). Central business im- Debbie Kluth-Yarbrough, Director of Marketing / Sterling Owen, Knoxville sent, and results are admissible by provement district project. Member Services Tennessee Water Quality Management forcement officers. Amends either party in any court or adminis- T.C.A. Title 39, Chapter 13, Part 1 Amends T.C.A. § 7-53- Kevin Krushenski, Legislative Research Analyst Jack Graham, Maryville trative hearing relating to the acci- Mona Lawrence, Administrative Assistant Tennessee Recreation and Parks Assn. by creating enhanced penalties for 101(13)(B)(i) by expanding the Denise Paige, Government Relations Pam Beasley, Germantown dent or offense. the offenses of assault and aggra- definition of “project” in a central Victoria South, Communications Coordinator Tennessee Chapter, American Planning Effective July 1, 2009. Sylvia Trice, Director of Conference Planning Karen Hundt, Chattanooga vated assault against a law enforce- business improvement district to Tennesseee Personnel Management Assn. ment officer.Effective July 1, 2009. also include any hotel, motel or TENNESSEE TOWN & CITY Steve Adams, Metro Development & Chapter No. 325 (SB0066/ apartment building located within (ISSN. No. 0040-3415) Publication No. 539420 Housing Agency — Official publication of the Tennessee Munici- HB0516). Public housing fraud. the “center city area” as designated pal League. Publisher: Margaret Mahery Tenn. Assn. Municipal Clerks & Recorders Chapter No. 414 (SB0869/ Amends T.C.A. Title 39, Chapter HB0620). Indecent exposure re- by resolution or ordinance. In any (mmahery@ TML1.org); Editor: Carole Graves Shirley Dancy, Gates ([email protected]; Phone: 615-255-6416. Ad- Tennessee Assn. of Public Purchasing 11, Part 1, and Title 39, Chapter 14, defined. Amends T.C.A. § 39-15- municipality the term “project” is Part 1 by expanding the definition of vertising: Publisher reserves the right to reject Rex Gaither, Smyrna 511(b)(1)(B) by stating that a person expanded to also include any hotel, any advertising deemed unacceptable. Fax clas- TN Section, Institute of Transportation “services” in the offense of theft of sified ads to TT&C: Attention Mona Lawrence at over 18 years of age commits inde- including related conference/con- Engineers services to include any “other activ- 615-255-4752, or e-mail [email protected]. Kevin Cole, Knoxville cent exposure if in his or her own vention center facilities, or motel ity or product considered in the ordi- Fax advertising copy to TT&C: Attention Debbie Tennessee Public Transportation Assoc. residence by knowingly masturbat- within an area that could provide Kluth-Yarbrough at 615-255-4752, or e-mail to Rebecca Harris, Cookeville nary course of business to be a ser- ing or exposing the person’s geni- substantial sources of tax revenues dkluth@ TML1.org. Opinions expressed non Tennessee Fire Safety Inspectors vice.” Also creates new offense of League officials or staff do not necessarily re- tals, buttocks or female breasts in the or economic activity to the munici- flect policies of TML. Tennessee Town & City is Tommy White, Sevierville using a false statement, representa- Assn. of Independent and Municipal Schools presence of a child under 13 years pality. This will allow industrial de- published, semi-monthly, 20 times per year at tion or impersonation, or knowingly 226 Capitol Blvd., Suite 710, Nashville, TN Reecha Black, Alamo of age. No prosecution for the afore- velopment corporations to issue concealing any material fact to ob- 37219-1894. Periodicals postage paid at Nash- mentioned offense will be com- bonds for the construction of these ville, TN. Subscription rates: $6 per year to TML ASSOCIATE PARTICIPANTS tain accommodations or a reduction GOLD LEVEL MEMBERSHIP menced based solely on the uncor- facilities. members, $15 to nonmembers, $1 a copy. Post- Bank of New York Trust Company, N.A. in rent in public housing. master: Send changes of address to Tennessee roborated testimony of a witness Effective May 7, 2009. Town & City, 226 Capitol Blvd., Suite 710, SILVER LEVEL MEMBERSHIP Effective July 1, 2009. AT&T Nashville, TN 37219-1894. Redflex Traffic Systems ING Financial Advisers, LLC Sensus Metering Systems BRONZE LEVEL MEMBERSHIP Alexander Thompson Arnold, PLLC Alliance Water Resources BlueCross BlueShield of Tennessee No loan is too Collier Engineering Co., Inc. Johnson Controls McGill Associates, P.A. One Source Document Solutions, Inc. Rare Element, Inc. large or too small Thompson Engineering CORPORATE LEVEL MEMBERSHIP AMEC Earth & Environmental Askew Hargraves Harcourt & Assoc., LLC Barge, Waggoner, Sumner & Cannon, Inc. Click2Enter, Inc. See us for your special projects needs. (615) 255-1561 CMI Equipment Sales, Inc. Comcast Cable Communications Concrete Paving Assoc. of Tennessee DBS & Associates Engineering Desktop Risk Manager Education Networks of America Employee Benefit Specialists, Inc. Florence & Hutcheson, Inc. Goodwyn, Mills & Cawood, Inc. J.R. Wauford & Co. Consulting Engineers,Inc. LaserCraft, Inc. Local Govt. Corporation Mattern & Craig, Consulting Engineers, Inc Nashville Tractor & Equipment, Inc. OHM(Orchard, Hiltz, & McCliment, Inc. Pavement Restorations, Inc. Rush Truck Center, Nashville Smith Seckman Reid, Inc. Statewide Insurance Group of America Stowers Machinery Tennessee Cable Telecomunications Assn. Tennessee Energy Acquisition Corporation Tennessee Fiber Optic Communities Thompson & Litton, Inc. Thompson Machinery Third Rock Consultants,LLC TLM Associates, Inc. Tri Green Equipment, LLC URS Corporation Utility Service Co., Inc. Vaughn & Melton Volkert & Associates The city of Murfreesboro closes a $103 million loan, Waste Management The town of Nolensville closes a $21,000 loan. Wiser Company, LLC the largest in TMBF history. www.TML1.org 8-TENNESSEE TOWN & CITY/SEPTEMBER 21, 2009 Oct. 3: Nashville Celebration of Cultures at Centen- nial Park. Celebrating and embrac- ing cultural diversity through dance, music, visual arts, food, exhibits, kids area, arts & crafts and much more. Free fun for the entire family. For more information, call Paul Widman at 615-862-8402 ext.353 or e-mail [email protected] or Kim Johnson at 615 340-7450 or e-mail kjohnsonscarrittbennett.org

TENNESSEE Oct. 3: White Bluff Apple Butter Festival FESTIVALS Experience the old-fashioned way to churn butter and make apple butter jelly. Features quilters, blacksmiths, Sept. 25-27: Paris bluegrass and gospel music. Con- Eye Full of Paris tact: 615-446-2349 www.dickson A weekend-long celebration of the countychamber.com arts featuring live music, art and family fun. Music, Wild for Life art Oct. 8-11: Norris show and sale, KidZone Live! Free 30th Annual Tennessee Fall Home- dance classes, Sunday, Downtown coming, Museum of Appalachia Churches Rejoice! Live music and One of the nation’s largest and most lunch at 12:30 p.m. on the court- authentic music, craft, and folk fes- house lawn and a live concert at tivals. More than 400 musicians per- Paris Winery that evening. For form on five stages. Contact 865- more information call 731-642- 494-7680, www.museumof 3431 or visit the website appalachia.org. www.VisitDowntownParis.com Oct 10: Cleveland Sept. 25-26: Columbia Cleveland Apple Festival Southern Fried Festival A family event on the courthouse Enjoy live music, scarecrow con- square in downtown Cleveland. test, tractor show, delicous food, Juried arts and craft show, live blue- children’s activities and more. Con- grass music, food booths, horse and tact: Rick Alexander, 931-381- hay rides, entertainment, an auction, 0954, www.southernfriedfest.com and children’s activities. Children’s rides are free, and there is free park- Sept. 25-26: Dyersburg ing. For more information, visit the Main Street Fall Festival website www.cleveland apple Includes a cruise-in, Forked Deer festival.com Antique Car Show, music, food and fun. Contact: Steve Guttery 731- Oct. 10: Nashville 285-3433. Germantown Street Festival in His- toric Germantown. The German- Sept. 26: Covington town Festival shares the date with Heritage Day on the historic Court Oktoberfest, one of the city’s most House Square. Features arts & popular and longest running festi- crafts, folk art demonstrations, vals, with one event flowing food, children’s parade, music, an- smoothly into the other. Beginning tiques, Art Alley and more. Contact: at 8 a.m., the annual Paulaner Bier Janie Cranford, 901-476-9727, 5K Run, 25 performing groups on www.covington-tiptoncochamber. three stages, a broad variety of musi- com cal styles. Food, wine garden, beer. For more information, call 615-975- Oct.2-4:2009 Jonesborough 8131 or visit the website National Storytelling Festival www.historicgermantown.org Crisis leadership for local officials Oct. 9-10 A Historic Jonesborough tradition. The National League of Cities For a full schedule of events, tickets Oct. 17-19: Mountain City leaders about their role in emer- The only cost to participants is (NLC) in cooperation with the Inter- and other information, visit Mountain City October Fest gency management and support the the travel and hotel accommoda- national City/County Management [email protected]. Fun-filled weekend for the entire National Preparedness Goal of tions. family. Activities include a costume Association (ICMA) will be con- meeting specific national priorities To learn more about the confer- ducting an emergency training pro- Oct. 3: Gallatin parade, pumpkin eating, seed-spit- of expanded regional collaboration, ence and to register, visit NLC’s gram “Crisis Leadership for Local Gallatin’s Main Street Festival at ting contests, arts and crafts fair, strengthening information sharing website at http://www.nlc.org, or Officials” funded by the Department the Gallatin Courthouse Square. delicious food and pumpkin related and collaboration, and inter-oper- contact Lorraine Gloster, NLC Pro- of Homeland Security (DHS). Arts & Crafts festival featuring two activities. Free admission for most ability communications. gram Coordinator, Homeland Secu- The training will be held at the stages of entertainment, large events and free parking. Live music This course will effectively ad- rity and Emergency Management, Sheraton Music City Hotel in Nash- children’s area, more than 150 ven- and free hayrides. Sat. 5K Pumpkin dress the four missions of emer- Phone: 202-626-3190 – Fax: 202- ville from Oct. 9-10, 2009. The pro- dors and the Kansas City Barbeque Run children’s costume contest, gency management: prevention, 626-3043 – E-mail: [email protected] gram is intended to educate local Society cook-off. For more infor- biggest pumpkin weigh-off, scariest protection, response and recovery. mation call 615-452-5692, pumpkin, funniest pumpkin, most www.mainstreetgallatin.com creative pumpkin cash prize for the overall winners. Sunday beginning Oct. 3: Portland at 1 p.m. “Parade of Churches” with Municipal Administration Program 2009 Portland Sesquicentennial “Pickin’ in the Park” featuring a A day of fun and interesting events community wide choir from local October Schedule marking 150 years since the first churches. Louisville and Nashville train Oct. 24-25: Knoxville stopped at Richland Station depot th on October 31, 1859. Richland was Ramsey House Plantation’s 45 An- Workplace Harrassment and Violence re-named Portland in 1888, then in- nual Country Market Fall Festival, corporated as a city in 1905. Festivi- 2614 Thorn Grove Pike. Sat.,10am This interactive session will Boulevard ties begin at 9 a.m. with opening to 5pm and Sun.11am – 4pm. A cover the implications of both work- Johnson City Johnson City Public ceremony with dignitaries, former family event with special activities place harassment and violence in the Library, 100 West Millard St. mayors and city council members; for children. Old-time country fair workplace. It will explore the legal Knoxville UT Conference Center, antique quilt display from Noon to 4 with antiques, crafts, historic dem- implications of harassment and vio- 600 Henley Street p.m.; old-fashioned recipe contest onstrations, live music, and food. Parking $5; no admission fee. For lence in the workplace as well as the Lakeland Lakeland City Hall 10 a.m.; best beard and vintage cos- consequences of retaliation by em- tume contests; display of artifacts more information, call Ramsey ployers when employees exercise To register for this municipal from local history; historical cem- House at 865- 546-0745; or visit the their rights under the law. administration program class, etery tours at 1:00, 2:00 and 3 p.m. website www.ramseyhouse.org. Oct.. 15 Johnson City Additionally, the session will please visit the MTAS web site at Keepsake book of Portland’s first Oct. 22 Knoxville help cities identify ways to minimiz- www.mtas.tennessee.edu or contact 150 years available for sale; and Oct. 23 Collegedale ing risk by increasing safety in the Elaine Morrisey at Elaine.morrisey burial of a time capsule. Plenty of TCAPWA Oct. 29 Franklin workplace. @ tennessee.edu. or call 865-974- food and parking available. For 0411. For program information, more information, call the City of Instructor Conference Training Facilities contact Kurt Frederick MTAS Portland at 615-325-6776 or e-mail MTAS Training Consultants Collegedale Collegedale City Training Consultant at 615-253- tfleming@cityof portlandtn.gov or Time Hall,4910 Swinyar Drive 6385 or e-mail Kurt.Frederick visit the website www.cityof port Oct. 24-27 Public administration courses begin Franklin Williamson County Ex- @tennessee.edu. landtn.gov at 8:30 a.m. and end at 12:30 p.m. The 2009 Tennessee Chapter tension Office, Agriculture Expo Fees are $25 per person per class Park APWA Conference & Equipment Dates and locations for municipal employees and $55 Show is scheduled for Oct. 24-27 at Jackson West Tennessee Center for per person per class for all other Oct. 7 Lakeland Agricultural Research, Extension, the MeadowView Marriott Confer- participants. Oct. 8 Jackson and Public Service, 605 Airways ence Resort and Convention Center Rain or shine, in Kingsport. The conference will feature sleet or hail, many new and exciting events, in- TMAA sponsors seminar on Voting Rights cluding the first indoor equipment al Atto every day is perfect show drawing equipment dealers cip rn The International Municipal rights, equal access and effective ni ey and vendors from a five state area. participation by minority voters in u s for a GovDeals sale! Lawyers Association is presenting M A Other events include educa- the political process under the Vot- one-day seminar on Voting Rights e s tional workshop sessions, vendor ing Rights Act of 1965, as recently e s Litigation: Equal Access in a Post- o s amended. c exhibits, the Annual Awards Ban- Racial Nation Program, on Dec. 10, s

i

e

quet, TCAPWA election of officers, in Columbia, S.C., at the Radisson Nationally recognized experts a

n

t

will address recent decisions, rem- i

n

a membership breakfast meeting, Hotel. o

e

edies and emerging trends in the n and a trip to the Bristol Motor The Tennessee Municipal At- T protection of minority voting rights Speedway. torneys Association is helping sponsor the event, which means that in a program designed for municipal Deadline for conference regis- and county attorneys not familiar tration is Sept. 25. A block of rooms TMAA gets a break on registration fees. TMAA members can register with the redistricting process and its Online Government has been reserved for the conference for $200. The regular registration requirements under the Voting Surplus Auctions—24/7 rate of $109 (+ tax). Contact the fee is $250. The program will offer Rights Act of 1965, as amended, and hotel directly at 423-578-6600. continuing legal education credit. seasoned local government attor- coming up after the census,” said Dennis Huffer, TMAA executive Visit GovDeals.com today For additional conference in- The electoral success of minor- neys who are. formation contact John Calvert at “This program is relevant for director. or call 1-866-377-1494 ity candidates on the local, state and 865-803-4721, or e-mail TCAPWA national level reflects our national cities that elect board members from Online registration is also avail- @comcast.net. commitment to protect voting districts since redistricting will be able at www.imla.org 9-TENNESSEE TOWN & CITY/SEPTEMBER 21, 2009 www.TML1.org Effective citizen advisory committees can resolve problems

BY DAVID ANGERER dedicate this much time? MTAS Management Consultant • Are there people in the commu- nity having knowledge of the City councils often are con- issues involved? Or, is the issue fronted with problems or projects so specialized or complex that it where it is worthwhile to seek advice will be difficult finding a suffi- from local citizens having special cient number of committee mem- knowledge and expertise. Issues in- bers to advise the city? volving new technology immedi- • Is the governing board or staff ately come to mind — a council prepared to accept advice that might seek advice from people in the may conflict with their long-held, community known to have experi- established viewpoints? A Chi- ence in the operation of computers, nese proverb has it that “honest software or other technical gadge- advice is unpleasant to the ears.” try. Before asking for citizens’ ad- But a city council also may seek vice, the governing board must citizen assistance for a wide variety realize the truth inherent in this of routine problems as well. proverb. Cities should not ask • A city council may want input for advice they have no intention from concerned citizens on how of heeding. best to clean up areas of town Finding the right where weeds, trash and other people for the committee litter exist. Once the decision to appoint an • A city may want advice from advisory committee is made, quali- senior citizens to help guide city fied residents must be identified and policy on providing services to recruited to serve. This sounds much the elderly. easier than it usually is. Many quali- • A city may want citizen input on fied people will decline involvement hiring a new city manager, a due to their lack of time to commit to group that can help the council the project. Others will decline ser- focus on the skills and abilities vice if the project is seen as contro- needed in the new manager. versial. • The park board may want advice Cities are urged to avoid the Citizen panels can offer specialized, practical expertise that may not be available from the city council or staff. from park patrons on developing “want ads” approach to finding walking trails and exercise sta- people to serve on committees. Ad- have a written policy in place on tions in a city park. vertisements in the media may at- the methods and conditions of tract a large number of volunteers, such solicitations. In every community there are but most will not have the expertise • The need for the committee to residents who have credentials you are looking for. Some may have comply strictly with the Tennes- qualifying them to advise their issues with the city and are looking see Open Meetings Law and the elected and appointed officials on for a platform to air these issues. Open Records Law. There can these sorts of questions. It some- Remember that you are seeking ad- be no secret meetings, and all times is wise to ask these people for vice from known experts in your documents must be turned over help when formulating city policies, town to help resolve difficult prob- to the city recorder for safekeep- especially when the governing lems. Every person on the street will ing. board and the staff may lack the have an opinion about what direc- • Some basic operating rules: expertise needed to make informed tion the city should take, but exper- where meetings are to be held, decisions. tise is not evenly distributed appointing a chairperson, etc. They are not the same as the throughout the community. • The authority, if any, to direct various standing committees that Instead, the governing board the work of city staff. may exist in the city government, and staff should draw up lists of • The names of staff members and such as the park board, the planning people recognized as having the consultants available to assist the commission, etc. Instead,citizen necessary qualifications and who committee and how such indi- panels are appointed to investigate also are seen as community leaders. viduals are to be contacted. Margaret Bass Tyler,Transportation Services planner with Gresham or review a single issue and are dis- A proactive approach to recruiting • The deadline for submitting a Smith and Partners, assists a citiizens group in Kingston Springs banded once recommendations on these individuals should be under- recommendation. that issue have been delivered to the taken. Professional groups, civic or- concerning a planned Interchange revitalization project. Pictured right: Laurie Cooper, Kingston Springs city manager. governing body. ganizations, educators, clergy and Most importantly, before be- The value of citizen neighborhood associations may be ginning its work the advisory com- advisory committees helpful in identifying those who mittee members must clearly under- Properly appointed, a citizens possess the knowledge for the task. stand and accept that the governing advisory committee can provide two In making appointments to citizen board will make the final decision on valuable services to city govern- panels, you generally should avoid any recommendations it receives ment: the following types of people: and that the final decision may be at • First, the committee can offer • People known to have conflicts variance with the committee’s ad- specialized, practical expertise of interest in the issue and those vice. that may not be available from who want to sell the city a spe- Without such explicit instruc- the city council or city staff. Such cific product or service and who tions, a citizen committee may find citizens often can help guide city have a stake in the final decision. itself exploring issues that were leaders on important issues, usu- • Relatives of board members or never intended when they were ap- ally at little or no cost to the city. staff. pointed. This can result in embar- • Second, the committee can lend • Obstructionists. An effective citi- rassment to the governing board and legitimacy and credibility to the zen panel will consist of citizens threaten the committee’s success. ultimate decision made by city having wide and diverse back- Staff’s role government. Properly advised by grounds. Each member should A citizen committee will benefit the committee, the city council’s be able to speak freely and be from having access to the city’s pro- decisions are more likely to be critical of the status quo. You fessional staff who can help arrange seen as fair and considerate of all should look for problem solvers and coordinate committee meetings, people having a stake in the out- and avoid those who cannot sug- perform research and provide re- Lebanon’s citizen-based AIA Advisory committee members inspect a come. Ideally, the committee can gest reasonable solutions to the ports for the committee’s study, and full-scale model of a proposed downtown revitalization project. Stu- even help “sell” the council’s objections they may raise. handle media inquiries. dents from the UT Knoxville School of Architecture and Vanderbilt’s decision to the public. • People with political ambitions. Often, it is helpful to appoint a Owen School of Management assisted committee members by design- Things to think about before One of the purposes of seeking staff member (city manager, city re- ing master plans and preparing a financial analysis. creating an advisory committee citizen advice is to receive input corder, city attorney, department It has been said that “advice is that is not colored by politics and head, etc.) to serve as an official recommendation to the governing members to feel let down if the city what we ask for when we already that provides an objective analy- advisor to the committee. board in a useful perspective. council rejects the committee’s rec- know the answer but wish we sis of facts. Appointing politi- Although it is important to make In addition to submitting a writ- ommendations goes in a different didn’t.” Before creating an advisory cians (or wannabes) to advisory staff available to assist the commit- ten report, the governing board direction. This underscores the im- committee and obligating local citi- committees defeats this purpose. tee, it also is important that staff should insist upon a presentation of portance of the governing board’s zens to a significant commitment of Focusing the committee members do not dominate the the committee’s recommendations initial instructions to the citizen their time, city officials should con- It generally is best for the com- committee’s work. A staff member’s at a public meeting. This is best done committee, that every member of sider these questions: mittee to be appointed by the gov- knowledge and expertise may be after the written report has been de- the committee knows from the out- • Is the issue already decided? Is erning board. It lends legitimacy to used to help inform the committee, livered to the governing board and set that the governing board very the committee being created sim- the committee and underscores the but the purpose of a citizen commit- its members have had time to read it. well may pass on the advice it re- ply to validate a decision that has importance of the project. tee is, after all, to provide a perspec- After the governing board is familiar ceives. already been made? Is it unethi- Prior to appointment, the city tive that might not otherwise be with the committee’s recommenda- When an advisory committee’s cal to use citizens in this man- must provide a charge for the com- available within the usual machin- tions, committee members should be advice is rejected, it is important ner? mittee, a clearly written mission ery of government. Staff should as- invited to meet with the governing that it be done in a way that does not • Is the city governing board or statement and set of objectives. The sist the committee but not run it. board to discuss the committee’s embarrass the citizens who volun- staff uncomfortable with the is- objectives should be provided in Making the recommendations findings. teered their time to help the city. sue at hand? Is the decision likely writing and clearly delineate the sort to the governing board Finally, the committee mem- The governing board may want to to be controversial? Is the com- of recommendations being sought. In most instances, it will be best bers should be thanked — both pub- emphasize that their final decision mittee being created simply to Ideally, the charge to the committee that the committee submit written licly and with a personal note — for is the result of interpretational dif- diffuse the anticipated public would be put in the form of a ques- recommendations to the governing assisting the city. This is an impor- ferences (politics) rather than the criticism? Never appoint a citi- tion, for example, “What training, board. Oral reports may suffice for tant detail, especially if the city scholarship of the committee mem- zen committee to avoid respon- skills and experience should the city minor issues, but misunderstandings plans to ask other citizens for similar bers. sibility for a difficult decision. council seek in a new city man- can be avoided if the committee is- help in the future. Conclusion The committee members will feel ager?” sues a written final report to the Making the final decision However helpful they can be, used and manipulated and are The focus of the committee will board. No city council may delegate there are inherent risks associated likely to say as much to the gen- be improved if the city provides It is important that each recom- final decision-making authority to with appointing citizen groups to eral public in the ensuing con- written instructions on the follow- mendation included in the report be an unelected citizen advisory com- advise the city. Considerable care troversy. ing: voted upon by the committee mem- mittee. From start to finish, this must be taken selecting committee • Does the city have all the infor- • The authority of the committee bers and that the report reflect the simple fact must be understood members, and it is even more im- mation it needs to make a deci- to expend money, hire consult- outcome of such voting. Reporting clearly by everyone involved in the portant that the committee is given sion on the issue it is confront- ants, etc. Generally, it is a good the outcome of these votes will en- issue: the committee members, the specific instructions about their ing? If not, would creating a idea to require that all committee able the governing board to better news media, the general public, the purpose, role and methods. Other- citizen panel serve to better in- expenditures be approved in ad- evaluate the committee’s recom- staff, and the governing board mem- wise, the advice provided by these form the city’s decision? vance by the appropriate city mendations. A 4 to 3 vote in favor of bers themselves. Even when the committees likely will be no more • Do city staff have the background official or the governing board. a recommendation may not be as committee report is brilliantly writ- valuable to the city than the advice and expertise necessary to pro- Be very clear about this point. impressive as one recorded as 7 to 0. ten and the committee members of any randomly selected group of cess the available information? Do not let the panel spend money When the advisory committee is worked especially hard, it is the citizens. A well-chosen group of Would a citizen panel be useful for which it is not legally ac- sharply divided on any recommen- city’s governing board that must citizen advisors, given clear and to the city in digesting the avail- countable. dation, it may be advisable to allow make the final decision on the rec- specific direction on the help able information? • Likewise, the authority to solicit a minority report to be submitted. ommendations. sought by the governing board, can • How much time will advisory donations on the city’s behalf This is a written statement express- This often is a difficult fact for provide valuable suggestions to city committee members need to de- should be clearly understood by ing the views of those not voting members of a citizen committee to hall and help resolve difficult prob- vote to the project? Is it reason- all parties. If the committee is with the winning side. This sort of accept, and it is not unusual for lems. able to expect the members to given such authority, it is wise to report can place the committee’s www.TML1.org 10-TENNESSEE TOWN & CITY/SEPTEMBER 21, 2009 Mayor Graham leads Crossville through heady days His city works hard to be the major retirement/recreational community in Tennessee cities or so who were in the race to land USCF were any real BY GAEL STAHL attention when it recently became the competition. Why would you want to national headquarters of the US live in Dallas/Fort Worth, Seattle, JH Graham III has researched his Chess Federation. Los Angeles, and West Palm Beach Graham family genealogy back to a Oglesby and Graham affirm that when you could live in Crossville? John Graham born in 1632 in nearby retirement communities such So, when the USCF board of directors Glasgow, Scotland. He found a text as Fairfield Glade and Tansi Village came to Crossville to kick the tires, that refers to that kinsman’s son: have contributed to the city’s we asked Gov. Bredesen to help. He “John Graham’s son, Andrew becoming the hub of one of the finest sat across the table from the USCF Graham, was born in the year 1658 in retirement areas in the country. They directors and spoke about Tennessee an ancient family house in the city of supply hundreds of volunteers when and Crossville. He answered their few Glasgow where 15 generations of his needed to help partner with the city questions, then said: You know, I family, father to son, have died up to on golf tournaments and recreational used to live in NY myself. I moved to this time of persecution.” events. Tennessee. I think I’m doing pretty In 1874, Graham’s more recent Oglesby calls Mayor Graham a well. I’ll never forget him saying that relatives moved to Crossville, Tenn. progressive and visionary type who as long as I live. We gave USCF land But there’s an earlier artifact that is “not about band-aiding, but about to build their facility here. may or may not refer to Graham’s looking ahead to where we need to go What has it meant to us? Their line. About 100 yards from a still- next.” She smiles and says the mayor publications go out to every state in standing bridge where the Walton is an extraordinary golfer who the union, to 162 foreign countries, Trail crossed the Obey River (where always keeps his clubs in his car and and to about 88,000 members. I I-40 and Hwy. 127 cross) in north is ready to play at any moment. She consider it the greatest single stroke Crossville, there is an 1803 residence quotes one of his sayings: It is my duty of advertising ever. I loved it. Their called Graham Stand. Graham’s and obligation to play at least one of facility here is home to the national grandmother always said that the the courses a day to make sure they offices and employs about 20. It family moved back to Cumberland are in good shape. It takes him about arranges chess tournaments, chess County in 1874. Could they be the three and a half hours to pull his golf news, information, and rules for same Grahams? Graham is intensely clubs around his favorite course. He members across the nation and world. curious to find out. loves to walk. Top chess players come to Crossville. Graham’s father, JH Graham Jr., In June, the Crossville mayor The Tennessee Senior Championship died this summer at age 83. He’s the won the Tennessee Municipal was held in Crossville this year. It man Graham credits for his own League Mayor of the Year award. His drew 45 topflight chess players. It interest in becoming a public servant. elective career began with two years used to be held in Nashville where A small businessman and farmer in on the city council, then was elected they had nine participants last year. the Cumberland Homestead area, he mayor in 1998. He has been reelected Participants loved Crossville and served as chairman of the local twice and plans to run again next Mayor J.H. Graham III felt welcomed. One guy from Atlanta Democrat Party, was in the Optimist year. He already has competition and came up to me after I gave the and Kiwanis clubs, and commander doesn’t blame them a bit saying if JHG: We secured an $800,000 grant machine that changes vegetable oil welcoming speech and said he of Post 163 of the American Legion. they love being the mayor half as to provide water to Cumberland into diesel: “What do you do with changed pants at the hotel and went to Graham says that his father’s much as he does he’d want to be Cove area residents. That 62.5 mile the by-products?” He said: What the Taco Bell to get some supper but example of unselfish giving of his mayor too. Graham says he loves water line project will water 18,000 products? She said: “Glycerin. Do had left his wallet in the other pants. time and talents to others helped him being mayor even though he must acres in Cumberland and Putnam you make soap from it?” How He was embarrassed to have to tell the form his own mantra,“It is and shall attend 700 meetings a year. counties and provide water for a intelligent is that? I told Gov. waitress he’d ordered and didn’t have forever be my policy to provide for superlative development. We’ve Bredesen about that, and his eyes any money. She said: Oh, don’t worry and protect our children.” TT&C: Is your mayoral job full- made improvements to the Holiday bugged out. Another project I’m about that. It’s on me. That could Graham also credits the example time? Hills dam, spillway, and bridge and developing right now is energy happen to anybody; you just go on and of his mother’s side. The father and JHG: It is for me. That’s all I do. I do increased the capacity of the city’s audits of city hall and other public eat your supper and enjoy yourself. mother of his mother, Marcia Rose tax returns at night to pay my bills. I wastewater treatment plant. When buildings. He said: I’m moving to Crossville. Bilbrey Graham (now 80), were H.I. don’t have much but I don’t really we raise Meadow Park Lake and and Mary Bilbrey who arrived in care much about that. I haven’t had dam, it will increase our drinking TT&C: How did that ad that TT&C: What makes Crossville Crossville in 1914 – H.I. coming from much of a personal life since my wife water capacity. In doing this, we featured you several time in such an attractive retirement Livingston and Mary from Michigan. and I took separate paths about 20 want to make sure the areas we serve TT&C a few years ago come community? They started the Bilbrey Hardware years ago. We are still devoted remain pristine county land and about? JHG: One of the top five questions and Furniture Store and a funeral friends and have three children. The conserve the natural beauty while JHG: When I closed on a loan from retirees ask when looking to retire is home on the second floor. middle child, Jordan, was killed in a we do the urban development within TMBF, their representative Joe about your medical facilities. We Having one of the few cars in car wreck in August 1996 when I first the city. Muscatello used the signing as part have the Cumberland Medical Center town, they took people to the doctor ran for council. Another daughter, I spearheaded the Crossville of a bond fund marketing campaign. that is recognized as one of the top or hospital in Pleasant Hill and many Jesse, is working on her master’s Energy and Sustainability Initiative He had me stand like an umpire at 100 in the nation. You can see how a child was born in the back seat of degree at Ohio University. Her that resulted in Crossville’s home plate giving the palms down that helped Crossville be rated one of their car on the way to the hospital. undergraduate degree from sustainable energy strategy. Key ‘Safe’ sign. The picture ran with the the top 20 cities in America to retire. The Graham grand-dad was on the Knoxville was in dramatics and she goals include greening the city’s caption: Be like Mayor Graham and What I am emphatic about when I talk city council in the 1940s and helped still does some productions in the vehicle fleets with hybrids, make the Tennessee Municipal Bond to visiting retirees from Michigan, found Crossville’s hospital, Cumberland County Playhouse. city buildings energy-efficient, and Fund – Safe at home! Illinois, Ohio, Indiana, Connecticut, Cumberland Medical Center, in Son Justus graduated with a investing in clean renewable energy. I’m a big believer in trading with New Hampshire, New York, Florida, 1950. degree in statistics at UT-K and I have also been appointed secretary myself. That’s how I feel when and California is that when we invite Graham III’s parents married in minor in Farsi, a Persian language of the newly founded Tennessee trading with the Tennessee you to Crossville, it’s not just to retire. 1946 after Graham Jr. got back from spoken in Iran. He’s working toward Renewable Energy and Economic Municipal League Risk It’s to live. When people come here, serving in WWII. They bought a his master’s at Georgetown Development Council to promote Management Pool and the they suddenly realize they haven’t family farm outside of Crossville and University. Justus was the only renewable energy. Tennessee Municipal Bond Fund. really lived at all. in 1948, Graham III was born. He grandson my daddy and momma had. Our Habitat Conservation Plan The employees of both agencies do a We need our retirees. I want to played football at Cumberland I named him Justus Henderson will give interested parties a ‘how- remarkable job. As Bones Seivers close by saying that we have the County High School and was team Graham IV, after Daddy. to’ rule book with regard to said, they’ve loaned over $3 billion greatest retiree volunteer program of captain in 1965. He enjoys reminding development, preservation, since inception and saved cities any community in Tennessee. We Sparta Mayor Pedigo and Judge TT&C: You like to tell stories endangered species identification nearly $280 million in fees and have 150 volunteers for Hospice. We Maddox in Cookeville that his main about your parents? and what you can do and when in interest. Pool President Lee Holland have 62 mentors from areas in and interest was that Crossville beat JHG: Yes, and that’s why I need to regard to developing property in said that our rates are lower than around Crossville that go to Sparta and Cookeville and “how we explain why in 1996 I supported the Cumberland County. We worked anyone else’s and because of our elementary and high schools to work wore them out.” renovation of the Palace Theater. My this three-year project with the U.S. very good loss experience, we’re with disadvantaged youth and On graduating in 1966, he momma told me to. At the dedication Game and Fish Agency, the going to be receiving a refund. children needing help in their studies attended Tennessee Tech to get his ceremony in 2001, I said that my Tennessee Wildlife Association, I’ll be working with TML as the so they may graduate from high electives out of the way, then took momma and daddy had their first date and Nature Conservancy. When District 4 TML board director and as school. We need 50 more. We’re business and tax law courses and in the Palace Theater. The movie they completed, it will be the first major a member of the executive going to work on our dropout rate not graduated with a degree in saw was Gone with the Wind. I said Habitat Conservation Plan in the committee. I’m learning and looking by throwing money at it, but by tying accounting in 1970 from UT- that the Palace was completed due to state. forward to using my managerial folks who need help to volunteers, Knoxville. He worked in a CPA office all the volunteers, Downtown experience as mayor and board most of whom are retired. for 10 years, but he didn’t become a Crossville Inc., all of the patrons, and TT&C: Are you behind or ahead member of civic CPA. He preferred working in the the Crossville City Council. I said of schedule with your 50-year organizations to help the public sector and being involved in that the Palace Theater was saved and capital improvements planning? League meet cities’ and the management. He served as treasurer was not gone with the wind. JHG: We are right on schedule – and state’s needs. Gov. Bredesen of an insurance company and of an finding everything costs twice what also appointed me to two automobile-related manufacturing TT&C: What was it like going from you expected and takes twice as statewide boards. It’s an plant, and was on the city planning the council to being mayor two long. We’re the fastest growing rural opportunity to form commission. He does tax returns at years later? community in the state of partnerships with night to pay his bills because, he says, JHG: To me, it was easy. I had been Tennessee. In the 1990s, we grew bureaucrats and department you’re not too ambitious when you on the Crossville Regional Planning 34.5 percent, 24 percent in the last heads. When they take a job making $250 a month as Commission for 10 years after decade, and growing at that clip right understand your plans, mayor of Crossville. college and worked with the city now. That growth demands good they’ll help you get to where Crossville City Clerk Sally planners and developers so it was a planners. Our council and city you need to be and offer Oglesby says Graham’s focus during natural progression. In 1996, we employees are on board. It’s a lot of advice. They appreciate his 11 years as mayor so far, has challenged department heads to tell fun for them. We received help on knowing how their money is always been “centered on things for us what Crossville would need 50 sustainability, energy, and being spent, how their loans children and finding ways to keep years from now or when we double in conservation from UT’s Dr. Ed are being used. them here.” The Crossville City size. We also asked for five, 10, and Jepson and six graduate students Council puts a major emphasis on 20-year capital project plans for who came to Crossville for six TT&C: How did Crossville recreational outlets. Crossville bills roads, water, sewer, recreation, and workshops with local people. The become headquarters of itself as The Golf Capital of fire and police protection. When I workshops produced a 42-page the US Chess Federation? Tennessee. There are nearly a dozen became mayor in 1998, I had a very document listing 18 priorities for Does it do anything for 9-, 18-, and 36-hole golf courses in progressive council to work with and Crossville. Crossville? greater Crossville. Centennial set about financing the projects with JHG: Here’s the story. Harry Park’s 10 softball/baseball fields and grants and low-interest loans. That TT&C: Did any of them produce Sabine, one of the leading Garrison Park’s two have hosted planning helped make Crossville one results yet? chess players in the country many softball and baseball of the leading retirement centers in JHG: We picked several to act on and a member of the county tournaments. The complex was America. Industry and retail business immediately, and one of my commission, lives in recognized as the best in the country are important to us, but the retirement favorites was bringing the 800 Crossville. He’s Mr. Chess last year by the national softball business is going to be one of Cumberland County fifth graders to around here and has association. The city’s indoor Tennessee’s most important assets. It a local elementary school on May 8 conducted all the horseshoe pits, made with a special helped make housing 23 percent of for an Energy Fair. They saw 30 tournaments as long as I can kind of clay, have made Crossville a our Crossville economy. As we grew, vendor exhibits from solar panels to remember. He is active in the host stop on the national professional we doubled the size of our fire and wind turbines to machines that national and international horseshoe pitching tour. Crossville police departments and the size of our changed vegetable oil into diesel. groups and a member of the just opened a new six-field soccer water treatment facility. We’re now They learned how to make a compost U.S. Chess Federation Board complex where the city plans to doubling our sewer capacity. pile and how diesel and electrical of Directors. Harry knew sponsor statewide tournaments. For automobiles could better serve us. I USCF was thinking about the formal opening, the Lady Vols TT&C: What were the water and realized our teachers are already leaving New York City after soccer team will play an exhibition wastewater and conservation teaching renewable energy sources all those decades. He decided With nearly a dozen golf courses in game. Crossville also received highlights cited when you received when one of the fifth grade girls Crossville had a shot to get it. Crossville, Mayor Graham is considered national and international the Mayor of the Year award? asked the vendor demonstrating the And, I didn’t think the 25 to be an extraordinary golfer.